IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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Photographic 

Sciences 
Corporation 


i3  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

(716)  872-4503 


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C!HM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  anu  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6t^  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  m^tHode  normale  de  filmage 
sont  indiquds  ci-dessous. 


D 
D 


Coloured  covers/ 
Couverture  de  couleur 


Covers  damaged/ 
Couverture  endommagee 


Covers  restored  and/or  laminated/ 


I I    Couverture  restaurde  et/ou  pellicul6e 


D 


□ 


D 


Cover  title  missing/ 

Le  titre  de  couverture  manque 


□    Coloured  maps/ 
Cartes  g6ographiques  en  couleur 

□    Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

□    Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 


Bound  with  other  material/ 
Reli^  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  reliure  serree  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intdrieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajoutdes 
lors  dune  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  dtait  possible,  ces  pages  n'ont 
pas  6t6  filmdes. 


□    Coloured  pages/ 
Pages  de  couleur 

□    Pages  damaged/ 
Pages  endommag6es 


n 

n 
0 


□ 


Pages  restored  and/or  laminated/ 
Pages  restaurdes  et/ou  pelliculdes 

Pages  discoloured,  stained  or  foxed/ 
Pages  d^colordes,  tachet^es  ou  piqu6es 

Pages  detached/ 
Pages  d^tach^es 

Showthrough/ 
Transparence 


□    Quality  of  print  varies/ 
Quality  indgale  de  I'impression 

I      I    Includes  supplementary  material/ 


Comprend  du  materiel  supplementaire 

Only  edition  available/ 
Seule  Edition  disponible 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6t6  film6es  d  nouveau  de  fapon  it 
obtenir  la  meilleure  image  possible. 


D 


Additional  comments:/ 
Commentaires  suppl6mentaires: 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film6  au  taux  de  reduction  indiqud  ci-dessous. 

10X  14X  18X  22X 


y 


26X 


30X 


12X 


16X 


20X 


24X 


28X 


32X 


The  copy  filmed  hare  has  been  reproduced  thanks 
to  the  generosity  of: 

Douglas  Library 
Queen's  University 


L'exemplaire  f iimA  fut  reproduit  grAce  h  ia 
gAnirositA  da: 

Douglas  Library 
Queen's  University 


The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Las  Images  suivantes  ont  6tA  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  ia  condition  at 
de  la  nettet*  de  l'exemplaire  film*,  at  en 
conformity  avec  ies  conditions  du  contrat  de 
fllmage. 


Original  copies  In  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  Illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


Les  exemplaires  orlglnaux  dont  la  «;ouverture  en 
papier  est  ImprimAe  sont  film6s  en  commenpant 
par  le  premier  plat  at  en  terminant  soit  par  la 
dernlAre  page  qui  comporte  une  empreinte 
d'Impresslon  ou  d'illustration,  solt  par  le  second 
plat,  salon  le  cas.  Tous  les  autres  exemplaires 
orlglnaux  sont  fllmte  en  commen^ant  par  la 
premi6re  page  qui  comporte  une  empreinte 
d'Impresslon  ou  d'illustration  at  en  terminant  par 
ia  darniire  page  qui  conrtporte  une  telle 
empreinte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  ^»>  (meaning  "CON- 
TINUED "),  or  the  symbol  V  (meaning  "END  "), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  toe  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Un  des  symboles  suivants  apparaitra  sur  la 
dernlAre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — »>  signifie  "A  SUIVRE  ".  le 
symbols  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
filmfo  A  des  taux  de  rMuction  diffirents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clichA,  11  est  f  ilmA  A  partir 
de  I'angle  supArieur  gauche,  de  gauche  h  droits, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'Images  nAcessaire.  Les  diagrammes  suivants 
illustrent  la  mAthode. 


1 

2 

3 

32X 


1 

2 

3 

4 

5 

6 

B' 


PAPERS 


Ki  I  AiiN*;  I'o 


BEIIRING  Sl-A  FlSlll-RlK 


GOV 


WASH  I  NliTON: 
ERNMENT     PRINTING    OFFICE. 
1887. 


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MST  OF  I'AI'liRS  RIIATIXC  TO  Till.: 

FISIIHKIHS. 


I'llKIXC  SILA 


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5 
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14. 

«5. 
16. 

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20. 
21. 

2^ 

2j- 
24. 

25- 


26. 

27- 
28. 
29. 

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31- 
32- 
33- 
34- 


I'AKT    I. 

Mar,|ui...fSalislM,r).oSM   I..  S.  ^a.kMll,.  WoM SpUMul,,,-  ,<..  iXSy 

Nr    ..  S.  Sackvillc  Wc,  ..,  Mr.  Kav.r.l Septanh,,-  27.  ,SS6 

S.r  L.>.   Sackvillc  WcM  ...  Mr.  Hayar.! ,  „,,,„,  „,  „,, 

•axloflcklcslc.^h  lo.Sir  I,.  S.  Sackville  West ,  ,c,ol,er  50,  lS,S6 

.Mr.  I!aya.dtoSirI...S..sackville\Ves, Vn ember  12,  ,S.S6 

S.r  1..  S.  Sackville  West  ,..  Mr.  IJayar.l I,eceml,er  7.  ..S,S6 

S>r  I     S.  Sackvillc  WVm  ,..  Mr.  Dayar.l ,„,„,,,       ,«, 

Mr.  liaynnl  to  Sir  I..  S.  .Sackvillc  West |anuarv'i2.  1X87 

Nr  I..  S.  Sackvillc  West  to  Mr.  Ilayard Fcl,ru.uv  ,    1SS7 

Mr.  Hayanl  to  Sir  I,.  S.  Sackville  West j.-ebrtiar;  ,.  1S87 

Sir  L.  S.  Sackvillc  West  to  Mr.  Ilnyara Kel-ruar;  4.  18S7 

Mr  r..  S.  Sackvillc  West  10  Mr.  liayanl \|,„'i  ^^  ^^^ 

Mr.  liayar.l  to  Sir  I..  S.  Sackvillc  Wc-t ,^|,ril  12'  kSS- 

.^ir  I..  S.  Sackvillc  Wot  to  Mr.  hayanl Inly  S,"  1SS7 

•Mr.  liayanl  to  Sir  I..  .S.  .sackvillc  WcM  (with  enclosures) liilyii'  18S7 

Sir  I..  S.  Sackville  West  to  .Mr.  Hayar.l \u^,„;,  ,,'  ,J^!.^. 

Mr.  llayarfl  to  Sir.  I..  .S.  Sackville  West \i,"i,„  ,  .'  j^^i 

Sir  I,.  S.  Sackvillc  West  to  Mr.  luyanl '.Zscp.eni^.er  29!  ,887 

Mr.  Bayard  to  .Sir  I  .  S.  .Sackvlle  West )ctol.cr  1 1.  1887 

Sir  I.,  .s.  .Sackville  West  to  Mr.  ISayard  (with  enclosure) ictolw  12.  18S- 

Mr.  IJayard  to  .Sir  I..  S.  .Sackville  West October  i]    1S8- 

Mr.  l!ayardto  Sir  I..  S.  Sackville  West (  ictober  I  i"  i.SS- 

Sir  I..  .S.  Sackville  West  to  Mr.  Dayard ,  ,e,ober  19'  lisSv 

Mr.  Hayard  to  Sir  I.,  s,  Sackville  West ,  ,c,ol,er  22,  i,S87 

Sir  1..  S.  .Sackville  West  to  Mr.  Hayanl  (with  enclosures) (  ictober  2(>,  18S7 

PAI^'P   II. 

Mr.  Poletica  to  Mr.  J.  O.  Adams  (with  eiick.sures)  Icbruary  n    i8-" 

Mr.  J.  Q.  Adams  to  Mr.  Polctica February  25',  1822 

Mr.  IViletica  to  Mr.  j.  O.  Adams j.-,,,,,,,,;  ,^^  ^j.^^ 

Mr.  J.  (^).  Adams  to  Mr.  Poletica Much  30   1S-2 

Mr.  Poletica  to  Mr.  J.  i).  Adams ;.;^,3,i,  ^[  ^g^^ 

Parol.  Tuyll  to  Mr.  |.  (J.  .\dams \prji  .4,  ,,S25 

•Mr.  J.  O.  Adams  to  lianm  Tuyll  y^^^^.  _'  ^^^^'l 

Mr.  J.  O.  Adams  to  Mr.  .Middlcton.  No.  16  (with  cnclo.surc) |uly  22^  182J 

Mr.  J.  (J.  Adams  to  Mr.  Rush,  No.  70 "[uly  22,  182J 


204947 


M' 
M 

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Ml    \li.lill.ini.  I..  Mr.  J.  1.'   .\.lani>.  Nc  .<5   ^pri'  «•>.  '^24 

Cnnviiiliiiii  l>ri«i'cn  (Ircat  liritiiiii  .iml  I<ii--i.i.  ^iiimd I'i'l)niary  2S,  1S25 

i;.ir..n  Knnli'iur  In  Mr.  |ii(km> May  .?l,  l.S,?S 

Mr,  Dukiiis  i<i  ll.ir.iii  Kru.lnur Jmit-'  ,?,  iS.^S 

Mr.  Inrsvili  to  |:.ir<m  !\ru<l.in;r Jiini-'  -'4.  ''^^.^S 

i'..\ruii  KiiiilciuT  lo  .Mr.  Inrsvili l"')   1 1,  INJS 

Mr    I  ..r>Mli  I-,  lliin.ii  Kiiidi-iicr julv  21,  iSjS 

|;.in'ii  Kiu.kiur  i<>  Mr    |-nr«ytli  jiilv  J<>.  lS,<S 

Mr.  lorsvlli  In  Mr.  Williii-.  Nn,   (  iwitli  cm  losurrl Inly  ,;<>.  1>!,)S 

Mr   \^ill^ill^lll  Mr.  IV)r><yili.  .Nn    14  \\\nh  fiuldsiiro) N<ivi-iiilur  2;,  iS^5 

Ml    \\  ill.i!i- 1..  Mr    liu^ytli,  Nn.  i(>(«itli  ciuloMirfs) I  ii-i-finlur  11.  lS<5 

Mr.  lor.Kvili  lo  Mr.  Hallux.  \'>.  .; M.iv  4.  '^.i7 

Mr.  Diill.T^  I"  Mr    Idrsyih,  N,..  (.  \ut;uM  16,  iS^7 

Mr.  I  liillas  In  Mr    l'nr>yili.  No.  7  (wiili  (.'iiilnMir.-l Scplfiiilicr  S,  iS;7 

Mr.  I  nr-yih  in  Mr.  I  i.ill.i-.  Nn.  4 N'nvcmlicr  ;,,  iS^j 

Mr.  ii.ilKiNin  Mr.  I  ni^Mh,  N,.,  15  (wiili  (.iiclnsiircsl .Mardi  i<),  iS^S 

Mr.  I)al!a>ln  Mi.  l.ir^uli,  Nn    i()  (wiili  I'liclnsiire.'.) Vpril  16,  iS^S 

Mr.  I>,illa>ln  Mr.  lorsyili.  .Nn.  17  1  uitli  cnclnMin- ) .May  i  ;,  i,Sj8 


.1.1 

55 

57 
5X 


I'.Mv'l     111. 

Mr.  ^I'u.inl  \i    Mr.  (  l,i>,  Nn    2-] I  icctini'cr  2.^,  1867 

Mr.  I  lay  m  Mr,  .^cwanl.  Nn,  175  (with  uiiLlnsiiroj Jaiuiary  iS,  1.S68 

Mr.  Scwanl  in  Mr.  ('lay.  .Nn.  278 Iihiuar}'  24,  lS')8 

Mr.  t  lav  In  .Mr.  Sowanl.  Nn    1S5  (will)  ciiclnMin.') March  20,  186S 

Mr   *  la)  In  Mr.  Sowanl.  Nn    n,,,  i  wiili  t-iu  Injures) Vujjust  14,  1S68 

Mr.  >cu:iril  iir  Vr.  1  lav,  Nn,  Jns August   51,  1S6S 


I  '.NK'T    \\  . 

511.  Mi.  I  ieliMi;iniy'Cii  i'  Mr.  i!   liMiaii,  .Nn.  120  .wiili  ciRlnsuro) March  14,  18S2 

<)().  Mr.  Ilnliiuaiiin  \li    IrcliMi^iiuy.-cn,  Nn.  207 .Marcii  14,  1SS2 

1)1  Mr.  1  Inniiiaii  in  .Mr.  1  rL-liii^niiy>eii,  Nn.  2I I '. March  28,  18S2 

n.\  Mr,  llnH'iiiaii  m  Mr.  I  riliii;^liiiy-.n,  N(.    22S  (  wuii  ciiclnsurci May  22,  1S82 

i\\  \lr.  linliinaii  in  \ii-,  lMciiii^lui\,-c!i.  N...  2^1  ^willl  cicln.'^urc-.  i jiiiic  14,  1S82 

()4.  Mr.  iiavard  in  Mr    lali,  Nn.  i;    with  ciicloMire.- ) March  25,  1SS5 

05.  Mr.  liayard  in  .Mr.  Wiiri-.  No.  50. |imc  2S,  i8S() 

DO.  Mr.  Ilayani  In  Mr    I  nilii. ip.  Ni..  05  1  wiili  i  m  Injure  j i  'lh  cmlicr  4,  l.S8() 

'17.  Mr.  l.oilirnpin  Mr.  ilasanl.  No.  95  i  «  iiii  cm  Iomuc  i 1  cliiuary  17,  iSS; 

o.S.  Mr.  I.olhrnpto  Mr.  liayard.  No.  (>(>  (with  ciiclnsiirc) Icliruary  17.  1S.S7 

ni).  .Mr.  l,nilirn|)tn  Mr,  liayard,  Nn.  icm  (  with  .lu  lo-,uri',l March  7,  18S7 

70.  Mr.  l!a\ard  In  Mr.  I  mlirnp.  Nn,  -  \ Marcli  id,  i.'''S7 

71.  Mr.  Hayanl  m  Mr.  1  nihr.ip.  N(r   75 March  l(),  18S7 

7J.  Mr.  IniiiK.ptn  Mr    l'..iyard.  Nn.  ijii  (wiili  ciulnvurc-) June  22,  1.SS7 

I'.vlv'T    \. 

7  ;.    Mr.  I'hclpN  In  .Mr.  Ilduiwcl! March  25,  1S72 

7.).   Mi.  nmuwul]  lo  .Mr.  I'liclji.- April  ly,  1872 


I'Aur  \  I. 

75    .'Speech  of  .Mr.  Siiniiicr.  I'clivcrcd \))ril  y,  1867 


.S24 

^.  iS^'S 

.  'S.^S 

>.  ''SS 

».  '•"'SS 

>.  '^.iS 
o.  iS,;5 

'•  '•"'.is 

■I.  i^.l7 

10,  iS;7 

S.  iS.i7 

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HI,  |S;,S 
II),  iS^S 
1S3S 


.Sn.     I 


Manjids  of  Salisbury  to  Sir  I..  S.  Sackz'illc  11 'rs/:-' 

FoREir.x  OiKici;, 

Scptrntbcr  10,  fSS' 


Siu 


l>y  a  (k'spati  Ii  ol'llu-  ,^olli  (  )i  tnlicr  l.i-^t  (  Xo.  ji4>tlH'  laic  I'.ar!  of  Iddcslcigli 
iiistriK  tnl  yiiu  to  (.ill  the  atti'iititm  dl'  tlit-  United  States  Sft  ivtarv  ot'  State 
to  thf  (  ii(  uiistani  cs  of  tlu'  sci/un-  in  lieliring's  Sea,  by  the  Anierican  ( rui>er 
•' ("orwiii,"  of  some  liritisli  Canadian  \issfls:  and  Flis  Lordslii])  dirc(  ted 
you  to  stall'  to  Mr.  Sr(  retar\  liayard  tliat  Her  Majeslv's  (lovcrnment  t'elt 
sure  tiiat  it'  the  iirm  I'edin^s  uiiii  ii  were  reported  to  liave  tiken  plaie  in  tlie 
I  nited  States  |)ir,tri(t  ( "owrt  were  (orreitly  desi  rihed  the  I'nited  St.ites 
(ioverninent  woukl  admit  tlieir  ille^'ality,  and  would  cause  reasonahle  repa- 
ration to  l)e  made  to  tile  liritish  suhjeets  tor  the  wrongs  to  which  they  liad 
lieeii  stilijei  ted  and  tor  the  lo-ses  uhi(  \,  tiiey  luul  sustained. 

r>\  a  ]ire\ious  despati  h  of'  the  9th  Se|)ti'ml)er.  Mni  had  heen  desired  to 
ask  to  be  furnished  with  any  particulars  \\hi(h  the  I'liited  States  ( iovernnient 
might  possess  relative  to  the  seizures  in  ipiestion;  and  on  the  loth  (  »(  tober 
\i)U  were  instructed  to  enter  a  ])rotest  on  behalf  of  Her  Majesty's  (Iovern- 
nient. and  reserve  for  (onsidetation  hereatler  all  rights  to  coni])ensation. 

.\iarl_\-  four  months  having  ela|jsed  without  an\  tlefimte  intormation  being 
furnished  by  the  I  nited  States  (lovernmeiil  as  to  the  grounds  of  the  seizures, 
my  i)rijdece--;or  instructed  you.  on  the  Sth  of  June  [January?]  last,  U)  e\p!\ 
to  Mr.  I'avard  the  (omern  of  Her  M,iie:>t\'s  (Jovernmeiit  at  the  delav,  and 


to  urge    the   imirediale  attention    o 


f  the    Inited   St.ites    (ioverninent  to  the 


a(  tioii  of  the  .\meri(  an  authorities  in  their  treatment   of  these-  vessels  and  oi 
their  masters  and  crews. 


( )n   the    ;d 


Febr 


uarv 


.\Ii 


havard   mlornuil 


\(ai   that    the  record  of  the 


1U( 

W 


liiird  proceedings  \\hi(h   he  had  called   for  was  shortly  expected  to  rea( 


ishnigton.  an( 
t  b 


1    that,    with 


out 


(oinlusion   at    that    lime 


anv  (luestions 


wliK  n  miLMit  he  toll 


ind  t( 


involved  in  these  cases  of  .seizures,  orders  had 
been  i.ssued  by  the  President's  direction  tor  the  disc  ontinnanc  e  of  all  pending 
liroceedings,  the  disc  harge  of  the  vessels  referred  to,  and   the  release  of  all 


person 


s  under  arrest  in  connection  therewith. 


(  )n  the  .(th 


Apr 


jiril.  under  mstnic  tions  irom   me.  you   ini|ui 


red  of  Mr. 


r>a\ard,  in  view  of  the  approaching  t'lshing  season  in  liehring's  Sea,  whether 
the  owners  of  liritish  vessels  might  rely  when  not  near  land  on  being  unmo- 
lested by  the  cruisers  of  the  Tnited  States,  and  you  again  asked  when  the 
recurel  oi'  the  judicial  proceedings  might  be  expected. 


*  l.tft  .11  the  lic|iarliiiLiii  nf  Sc.itc  by  Sir  I,.  S.  Saclcville  West,  Se^>t.  23,  1887. 


M'.  i:,i\aril  inroniud  >•«!.  in  reply  -  i^tli  April',  ili.il  tlu  |i;ipii>  ivtVirnl 
ii<  li;i(l  iv,i(lu(l  liiin  .mil  were  U-ing  «'X.iiniiu-<l :  tli.it  tlici-f  li.ul  lurn  uiiavdiil- 
iil)lc  delay  in  tV.iining  appmpr-.atc  ri*i:iil.itioii>  ami  isMiinj^  (>riKr>  to  tlii.-  I'liilfd 
States  vc'ssfl.s  to  polid-  tin-  .\la>k.in  wati.r>;  tlut  tiu'  kr\i->f(|  Sl.iiiil(.s  nlating 
ti)  Alaska,  sertions  n)56  and  I'^ji.  «.<>titaiiu'(l  the  laws  ol  ihr  liiiud  ^  latos 
in  Illation  to  tlu  matter,  ind  that  the  n-Knlations  were  Ik  in.u  (  ouMdired, 
and  lif  would  mtorm  yoii  at  the  carlaM  <lay  })ossil)lr  what  had  linii  <lc(  idcd. 
so  that  liritisli  and  other  vi>»t-U  inij.'ht  ;:overn  tht  insdves  arc ordin^^ly. 

In  sirw  ot'  thr  -tateiiients  made  i»y  Mr.  liav.ird  in  his  nolc  of  tlu  ^d 
Kfl.niar\.  'o  wIikIi  I  have  reicrreil  above.  Her  Majest\'s  CioMinnKnt 
a>siiined  liial.  penclinu  a  n»n«liiMon  of  the  disrnssion  hetv.een  tin  lu(t  .no\ - 
vrniu''U's  on  iln  ^eiu-ral  'I'lt-stuin  iii\o!\e(|.  no  hnlhir  similar  M'i/ures  of 
r.riti-n  vi  sm-1>  wonhl  he  iiadc  l»y  order  ol  tin  I  nited  .Slates  (lovcrnnienl. 
Thev  U'arn.  ho\\(\er,  from  the  mntents  of  .Mr.  Ilax.ird'-.  note  of  the  i^lh 
nltiuio.  inrlo>ed  in  \«>iir  di"i|«al«  h.  No,  245,  of  the  15th  nlinno,  that  such 
uas  not  the  nieaniiii;  whirh  he  intended  should  he  attai  hed  to  his  (oinnuini- 
e;',tion  of  the  v'  Kehmarv:  and  they  dee] »ly  regret  to  fmd  a  jiroof  of  tlieir 
misinieriiretation  of  the  intention^  of  the  L'niteil  .Stales  ( loxernnient  from 
an  aiiiionnrement  reeently  re<eive<l  t'roni  the  rommander-in-i  hief  of  Her 
^l.li^^l\■^.  iur>al  tones  in  the  l'a«  ific,  that  sevend  more  llritish  \tssel>  (.•iiLja^ed 
in  seal  hnntinj^  in  llehrin^x's  Sea  have  been  sei/ed  uiien  a  Ioiil;  distain c  from 
land  l>\  an  Ameriean  revenue  ves,'<-l. 

iler  .Majesty's  (lovernment  have  earefully  considered  the  tran-(  ript  of 
re(  ord  of  the  iudiii.il  pro<.eeilin{,>  in  the  I'nited  St.ites  I)i-.Mi(  i  ('onrt  in  the 
se\eral  cases  of  tlie  s<  h'-mners  •'Carolina."  •'(>Muard.'"  and  ••Thornton." 
whi.  ii  were  comtieinii  itcfi  to  yon  in  Jul),  and  wer.'  traiisiniiled  to  me  in 
\oMr  despa'cli  No.  196  of  the  I2ih  of  that  month,  and  the\  i  annoi  t'md  in 
tluin  any  jiistit'ii  aiion  tor  the  >  mdemnation  of  those  vessels. 

The  libels  of  information  allege  that  they  were  seized  for  killing  tnr-seal 
•.\ithMi  '.he  limits  of -Ma- ka  Territory  and  in  the  waters  thereof,  in  violation 
of  hellion  lu^C)  (>f  tf.e  kevi>ed  Statutes  of  die  lidted  States:  and  the 
I'ni'eii  Slate--  naval  ( 'jinn'.arder  Abl>ey  (eriainly  atlinued  thai  ilie  vessels 
were  seized  within  the  warer^  of  Alaska  and  the  Territorxnf  .Alaska  :  but 
accordiiiLr  to  iiis  own  evidenre.  they  were  seized  75.  115.  and  70  miles 
re  .pel  live!;,-  souih->outhwe>l  ■>{  St.  (ieorge'^  Island. 

ll  is  not  disputed,  therefore,  that  the  seizures  in  (juestion  were  elTeded  at 
a  distance  from  land  far  in  ev<  e>s  of  the  limit  of  maritime  jurisdiction, 
whii '1  an\  nat'oi  i  an  r  bini  !>y  .nternational  law.  ,ind  it  is  hanllv  necessary 
to  add  iliat  ^{icii  linut  cannot  f»e  enlarged  bv  am  munii  ipal  law. 

The  (  i.Min  tiiU'  set  up  a{>i»ear>  to  be  founded  on  the  e\(  epiional  title  said 
to  have  be-n  conveyed  to  the  I'nited  St, lies  by  Russia  at  the  time  of  the 
'  e.^sioii  of  the  .Maska  Territory. 

The  pretension  vvhieh  the  Rus-ian  (ioxernnieiit   .it   one  time  put  forward 

'to   e\(  liisive  jurisdiction   over  the   whole   of  llehrin:;'s   Sea,   was,    iiowi  v(  r. 

nevi  r  ad  mi  lied  either  bv  this. «  oumrv  or  the  I  nited  Slale>  of  Aim  ■.if  a.      (  )n 


the  ((iiilraiv.  it  was  strniiiuiisly  resisted,  .i>  I  sliall  |ircsfntl\  ^Imw.  and  the 
AiiHTican  (loviTiimrnt  (an  hardly  «  laim  lu  liavi- ri'i  rived  trum  kll^•^ia  riiilUs 
vvhii  h  tlif\  dr(  laird  1(1  lir  inadniiviMr  wlicn  assorted  li\  tlu'  Russian  (lov- 
i-rniiK-nt.  Nor  doi-s  it  apiaar  from  tlu'  tt-vt  <tf  tlu- Trcatv  of  isr.y  that 
Riis>ia  cillicr  intended  nr  imriKirted  to  niaki  aii\  snch  ^;rant  ;  ti.r  hv  Artirlt- 
I  Ml  thai  instrument  Russia  a-rerd  to  <  ede  to  the  Tnited  States  all  tlu- 
tfrritorv  and  dominion  then  |ios,>essed  liy  Rus.sia  "on  ili  (oiitinent  of 
Ameriia  and  in  the  adjaceiu  islands"  within  i  ertaiii  ;;eoma|.hi«al  limits 
des(  ril»ed.  and  no  mention  was  made  of  any  exclusive  right  uvcr  the  waters 
of  !>ehrinj,''s  Sea. 

Moreover,  whali'ver  rights  as  reijards  ilieir  respe.  tive  sulijn  tsand  <  iti/eiis 
ma\  he  reri|.ro(  ally  conferred  on  the  Riis>ian  and  Aineri(  an  Governments 
by 'iVi-aty  stipulation,  the  suhjei  ts  of  Her  Majestv  <  annot  he  thereliy  affec  ted. 
exrept  liv  spec  iai  arran^'einent  with  this  < otmtrv. 

With  reLrard  to  llu'  i'\(hisi\i'  <  hiims  advam  ed  in  tune,  jiast  l'\  Russia.  1 
transmit  to  you  documents  ((unmunicated  to  the  I'nited  St.Ue>  Congress  in 
iN2J.  which  show  the  view  taken  l)\  theAineriian  (io\ernnunt  of  these 
pretensions. 

In  iSji  the  l-aiiperor  of  Russia  had  is>ued  an  edict  estaMishinu  "Rules 
lor  the  limits  of  navi^Mtion  and  order  of  <  c)uuiiunic  ation  aloiii,'  the  coast  of 
the  Eastern  Silieria.  the  Northwestern  coast  of  .\meri(  a.  and  the  .Meuiian. 
Kiirile.  and  other  islands." 

'The  first  section  of  that  edict  said:  " 'i'he  pursuit  of  c  oiiunerce.  whaliii"- 
and  fishin,L;.  and  of  all  other  industrv  on  all  .>lancls,  ]iorts.  and  L,Milfs, 
including;  the  whole  ot'  the  Northwest  coast  of  America.  he^inninL;  troin 
iiehrin^j's  Straits  to  the  51st  degree  of  northern  latitude;  also  troui  the 
Aleutian  Islands  to  the  eastern  coast  of  Siberia,  as  well  as  along  the  Kurile 
Islands  from  Behring's  Straits  to  the  South  Cape  of  the  Island  of  L'rup.  vi/.. 
to  the  45"  50'  of  northern  latitude  is  e\c  lusivelv  granted  to  Ku^sian  sub- 
jects;" and  section  2  stated:  "It  is,  llieretore.  prohibited  to  all  foreign 
vessels  not  only  to  land  on  the  coast  and  islancU  belonging  to  Russiii.  as 
stated  above,  but  also  to  approach  them  within  less  than  100  Italian  miles. 
The   transgressor's   vessel    is  subject  to  confiscation,  along  with   the  whole 


.\  copy  of  these  regulations  was  officially  communicated  to  the  Americ  an 
Secretary  of  State  by  the  Russian  Minister  at  Washington  on  the  i  ith  beb- 
riiary,  1822:  whereupon  Mr.  (,)uincy  Adams  on  the  25th  of  that  month, 
after  informing  him  that  the  President  of  the  Inited  States  had  seen  with 
siu-prise  the  assertion  of  .1  territorial  c  laim  on  the  ])art  of  Russia,  extending 
to  the  51st  degree  of  north  latitude  on  the  American  continent,  and  ;i  regula- 
tion interdicting  to  all  commercial  vessels  other  than  Russian.  ui)on  the 
penalty  of  seizure  and  confiscation,  the  a])i)roac  h  upon  the  high  se;is  within 
100  Italian  miles  of  the  shores  to  whic  h  that  <  laim  was  made  to  applv.  went 
on  to  say  that  it  was  e\])ec  ted  befo.e  any  a<  t  which  should  define  the 
boundarv  between  the  territories  of  the  United  States  and    Russia,  llutt  the 


saiix  wiMild  li.uc  liiTii  nrranni'd  !>>  tnatv  lulwiiii  the  parties,  and  thai  "to 
i'x«  liuk-  till'  vi'sstis  of  Ainrriian  <  iti/iMs  trt»m  tin-  shdri-  /'lyxiiJ  f/ir  ot;fi>hir\ 
distant  f  t(i  \vlii(  li  t«.rrit(irial  jiirisdii  tinii  fMcndrd  has  (.'xt  itrd  still  ^jnatrr 
siir|iris'  ■."  and  Mr.  Adams  aski'd  vvhithtTthi-  Russian  Minister  was  aiithor- 
i/i-d  t(i  i,M\c  t'\|ilanati(itis  nf  thi'  "^nMiiids  ol  rif^hi.  ii|inii  j.riiK  i|>lfs  f,'cncrally 
ro-opni/i-'d  liy  iIk'  huv>  and  tisaj;i's  of  nations.  \vhi<  h  i  an  warrant  tlir  claims 
and  ri'unl.nidii^." 

'I'lv  Rns«.i.in  Ministi-r,  in  his  rtply,  dati'd  the  jSth  I'llunary,  alUr 
cApiaininj;  Ikinv  Russia  had  a<  tpiircd  Iut  possessions  in  North  Anxrica.  said : 

"I  ou^'ht,  in  the  last  phii  r.  to  n.(|ni'sl  ymi  to  (on^idfr,  sir.  th.it  tin-  Rns- 
sian  possessions  in  the  l'a(  ific  <  )(L'an  extend  on  the  northwest  ( oast  ot  Aineri(  a 
froni  r.chring's  Strait  to  ilie  51st  de^'ree  ot'  north  latitiule.  and  on  the  o|)posite 
side  ol  A>ia  and  the  islands  a<lja(ent  t'roni  tin- same  strait  to  ihe  451)1  ile^rir. 
The  extent  of  sea  i)f  whi(  h  these  |)ossessions  form  the  limits  comprehends  all 
ilie  (iiiiditions  which  are  ordinarily  attached  to  shut  seas  ('in.-rs  fermees'), 
and  the  Russian  (lovernment  might  consetp'.ently  jndge  itself  aulhori/.ed  to 
exercise  upon  this  sea  the  right  of  sovereignty,  and  especially  that  of  entirely 
intcrdi(ling  the  entrant  e  of  foreigners;  Imt  it  preferred  only  asserting  its 
essential  rights  without  taking  advantage  of  lot  alities." 

On  ihe  plh  Mar' h  M\.  \dains  repli/d  lo  the  explanations  given  by  the 
Russian  Minister.  He  >lated  that,  with  respect  to  the  jiretension  advanced 
in  reg.in!  !u  tcrril>>i\,  it  ninsi  lie  1  oiisidered  not  onh  with  reference  lo  the 
ipiestion  ol'  ternlori..!  rights,  hnt  also  to  that  prohiliitioii  to  the  vessels  of 
oti'.cr  ii.itKMis,  iii<  hiding  those  of  the  Inited  Stales  to  approach  witiiiii  100 
Italian  miles  of  the  coasts.  Tiiat  from  tlie  jicriod  of  the  existence  of  the 
I'lvted  States  a.  an  independent  nation  their  vessels  had  frt'ely  n.ivigated  these 
sea--,  the  right  to  navigate  them  l"'in^  a-part  of  that  indepeiulence;  and  with 
regard  to  tlu'  suggestion  that  "the  Russian  (lovernment  might  have  justified 
thi'  exercise  of  sovereignty  <i\er  the  I'ac  ific  ( )cean  as  a  (lose  sea.  'becan.se  it 
claims  territorv  both  on  its  .American  ami  .Xsiatit  sliores."  it  mav  suffice  to  sav 


that  the  distance  tVom  shore  to  shore  on  this  sea.  in  la 


titndi. 


^  I  '  north.  IS  not 


less  than  n:net\  ilegrees  of  longitude  or  4,000  miles."  Mr.  .\dams  coiu  liid(.d 
as  follows:  "The  President  is  jjersnaded  that  the  citizens  of  this  Union  will 
remain  unmolested  in  the  prosecution  of  their  lawful  ((immerce,  and  that  no 
etfect  will  be  given  to  an  interdiction  manifestly  iinompatible  with  their 
rights." 

I'he  (  Oir cndon  between  ihel'mted  Static  of  America  and  Russia  of  the 
17th  \|iril.  i.s.v|,  put  an  end  to  any  further  ])reten-.ion  on  the  part  of  Russia 
to  restrict  Jiavigation  or  fishing  in  Hehring's  Se.i  so  far  as  American  citizens 
were  ( oncerii' d  :  for  i>\  .\rti(  If  1  it  was  agreed  that  in  any  |)art  (jf  the  (Jreat 
Ocean,  comnioidy  called  the  Pacific  Ocean  or  South  Sea,  the  resjiective  citi- 
zens or  stibjects  of  the  MiLrh  Contracting  I'owers  shall  neither  be  ilistiirbed 


nor   n'strained.  litlier   in   na'.  ii^ation   or  fishim/.   sa 


\  intJ  certain    restrictions 


which  are  not  material  to  the  |(re^(.iu  i.ssue  ;   and  a  similar  stipulation  in  the 
C'oru'ention  between  tiiis  country  and  Russia  in  the  following  vear  (  15th  May, 


1.S25.)  |nit  an  ttul.  a>  ri^'ir'ti'l  HritisI)  siilijccts,  Ut  ihr  prtlc'iisidns  of  Russia 
ti)\vlii(h  I  liavf  ri-fcrn-d.  and  \vhi(  li  had  ln-cn  iMUirol\  rtiMidialid  by  Her 
Majt-sty's  (iovirnnifiit  in  <  (irri>-|)()iidcMi(  i- willi  tin-  Kii?.siaii  (luMriKmnt  in 
1S21  and  1.S22,  wliii  I1  for  your  nion-  parlii  ular  iiiriirination  I  iii<  lost-  litnin. 
Ifir  Majrsty's  (idVfrnnuiit  tnl  >iiri'  tluit.  in  view  ul  tin-  ronsidcrations 
wliii  ii  I  liavf  si't  fortli  in  tliis  dis|iati  h.  wlii(  h  ym  will  idiiuiuinicatf  to  Mr. 
I'.asard.  tlu-  (Mivi'rnnicnt  ottlir  I'niU'd  Stales  will  .wlnnl  that  tin- -.ei/iire  ami 
<  (iiulcnination  ot  lluse  liritisli  vi^els  aiid  the  iiii|in><>nnn.'nt  ul'  their  ma>ters 
and  «Tt'ws  wcri'  not  warranted  liy  the  (  irt  iiin.slaiK  ts,  and  that  lliev  will  lie 
ready  to  afford  reasonahle  <  iinipen^ation  to  lliDse  who  have  snifered  in  <iin 
se(|iieii(  c,  and  issue  immediate  iiistru*  lions  lo  their  luual  uHiiers  whi<  li  will 
prevent  a  re(  iirreiire  of  these  re^'reltahle  in(  idents. 

1  am,  live., 
_  SALlSHL'kV 

No.  2. 
5//-  A.  .V.  Sack:'i7/i'  ll'tsHo  Mr.  /iavan/. 


.Sir: 


WA.MiiMiroN,  .SV/A 7// /',/./,  /Sci6.     [Ret 'd  Sept.  2.S.] 


1  iiave  the  honor  to  infoiin  you  that  Her  Majesty's  Ciovernment  have 
received  a  telegram  from  the  Commander-in-Chief  of  Her  Majesty's  naval 
fon  es  on  the  I'a(  ifi<'  station  resjuM  ting  the  allege*!  seizure  of  three  Hntish 
Cohimhian  seal  schooners  by  the  I'nittd  States  revenue  cruiser  "  Comiu," 
and  I  am  in  consequent  e  instructed  to  re(|ue.-it  lo  be  liirnished  with  any  partic- 
ulars which   the   United    States   (iovernment   may  |)ossess   relative    to    this 

occurrence. 

I  have,  iS;c., 

I,.  S.  SACKVHJ.K  WE.ST. 


No.  3. 

.SV>  L.  S.  Stuk:'i//c  IVrs/  to  Mr.  Bayard. 

Washington,  Oclolur^i.  1S86.     [Rec'dOd.  22.] 
Sir: 

With  referent  e  to  my  note  of  the  27th  ultimo  retpiesting  to  be  furnished 

with  any  parti(  ulars  whit  h  the  United  States  Ciovernment  may  jiossess  relative 

to  the  seizure  in  the  North  Pacific  waters  of  three  British  Columbian  seal 

s(  hooners  by  the  United  States  revenue  cruiser  "Corwin,"  and  to  which  I 

am  without  reply,  1  have  the  honor  to  inform  voii   that  1  an    now  instructed 

by  the  Karl  of  Iddesleigh,   Her  Majesty's  jfrint  ipal  Secretary  of  State  for 

Foreign  Aff^iirs,  to  protest  in  the  name  of  Her  Majesty's  Government  against 

such  seizure  and  to  reserve  all  rights  to  compel,  ation. 

1  have,  &c., 

L.   S.  SACKVIIJ.r.  WKS'J-. 


i 


No.  4. 


Earl  of  Iddcsleigh  lo  Sir  L.  S.  Sackville  IVcstJ^' 

FoKKKiN  OincE,  Oiti>/>rr  JO,  18S6. 


hJiK; 


Her  Majesty's  {lovcrninent  arc  still  awaiting  a  rejiorl  on  the  Rsult  of  the 
ai)pli(ation  \vhi(  li  yon  were  directed  by  my  despatch  No.  181  of  the  9th 
ultimo  tt)  make  to  the  (loveriiment  of  the  United  States  for  information  in 
regard  to  the  reported  seizure  by  the  United  States  revenue  i  utter  "("orwin" 
of  three  Canadian  schooners  while  engaged  in  the  pursuit  of  seals  in  Behring's 
Sea. 

In  the  meanwhile,  further  details  in  regard  to  these  seizures  have  been 
sent  to  tiiis  country,  and  Her  Majesty's  (Government  now  consider  it  incum- 
bent on  them  to  bring  to  the  notice  of  the  United  States  Government  the 
facts  of  the  case  as  tiiey  have  reached  them  from  British  sources. 

It  appears  that  the  three  schooners,  named  respectively  the  "Carolina," 
tlie  '"Onward,"  and  the  "Thornton,"  were  fitted  out  in  N'ittoria,  British 
Cohnnbia.  for  the  capture  of  seals  in  the  waters  of  the  Northern  Pacific  Ocean, 
adjacent  to  \'anconver's  Island,  Queen  Charlotte  Islanils,  and  Alaska. 

According  to  the  depositions  enclosed  herewith  from  some  of  the  officers 
and  men.T  these  vessels  were  engaged  in  the  cajjture  of  seals  in  the  open  sea, 
out  of  sight  of  land,  when  they  were  taken  possession  of  on  or  about  the  ist 
August  last  by  the  United  States  revenue  cutter  "Corwin"— the  "Carolina" 
in  latitude  55°  50' north,  longitude  168°  53' west;  the  "Onward"  in  latitude 
50^  52'  north,  longitude  167°  55'  west;  and  the  "Thornton"  in  about  the 
same  latitude  and  lonLritude. 

i'hey  were  all  at  a  distance  of  more  than  60  miles  from  the  nearest  land 
at  the  time  of  their  seizure,  and  on  being  cajitured  were  towed  by  the  "Cor- 
win" to  ( )unalaska,  where  they  are  still  detained.  The  crews  of  the  "Caro- 
lina" and  ••Thornton."  with  the  exception  of  the  captain  and  one  man  on 
each  vessel  detainetl  at  that  [  ut.  were,  it  appears,  sent  by  the  steamer  "St. 
i'Mul"  to  San  Francisco,  Cialifornia,  and  then  turned  adrift,  while  the  crew 
of  the  "Onward"  were  kept  at  Ounalaska. 

At  the  time  of  their  seizure  the  "Carolina"  had  686  sealskins  on  board, 
the  ••Thornton  "  404,  and  the  "Onward"  900.  and  these  were  detained,  and 
would  appear  to  be  still  kept  at  Ounalaska  along  with  the  schooners  by  the 
United  States  authorities. 


*\.c\\  at  the  Department  of  St.ile  tiy  Sir  L.  S.  Sackville  West.  Novenitier  12,  i836. 

ti.  Copy  of  ,1  letter  from  Daniel  .Munroe,  master  of  the  Canadian  sealinj;  schooner  "Onward." 

2.  Copy  ..f  .1  Idler  from  James  Ogilvie,  master  of  the  C.madian  sealinj;  schooner  "  Carolina." 

3.  Ileposiiicn  of  J,.hn  Oallas,  seaman  on  hoard  the  "  Thornton  "  :  of  Thomas  Mcl.anlv,  cook  on  hoard 
the  "Carolina  •■  ;  of  Kd«ard  Shields,  seaman  -.n  hoard  the  "  Carolina  "  :  and  .if  Win,  MuMMr,  .nvncr  of  the 
"Carolina  "—all  of  the  Province  of  Urilish  Columbia. 


Acconliiig  t..  iiiforinaticjii  given  in  I  he  .L'„s/.uu/,  ;i  iiewsiKipor  puhlislird 
at  Sitka,  in  the  Territory  of  Alaska,  and  dated  the  4tli  Septenil.cr.  1.S.S6,  it 
is  reported : 

1.  riuit  the  iiuistcr  atul  iiKitf  .,f  tlie  schooner  "  rii.,rMl.m  -  were  linm-lu  lur  iriai  l.clure 
Judjic  Dawson,  in  the  Lnittd  States  district  Court  at  Sitka,  on  ilie  .^otii  Au-u-i  last. 

2.  I'liai  tlie  .■vidcMCc  given  hy  the  odicers  of  the  Init.d  States  revenue  culler  "Corwin" 
«<ni  t..  sliuw  that  tiie  "J-hornlon"  was  seized  while  in  llehrin-s  Sea.  alxnit  60  <.r  70  miles 
south  southeasi  of  St.  ( ieorge  Island,  for  the  offense  of  hunting  and  Isdlii.-  seals  within  that 
part  of  liehring's  Sea  which  (it  was  allei,'ed  l.y  the.//,,./-,,;/  newspaj.er)  was  eeded  t„  ti,c 
L'nited  States  liy  Russia  in  1867. 

3.  That  the  judge  in  his  charge  to  the  jury,  after  (|Uoiiiig  the  IM  artKic  of  il,e  treaty  ^.f  ilie 
30tli  .March,  1S67.  hctwcen  Kus.ia  and  the  l.niied  Slates,  in  winch  the  wesiern  Loundarv  of 
.\laska  is  (K'lined,  wenl  ..n  to  say:  ".Ml  tlie  waters  within  ihe  lu.undary -et  forth  in  this 
treaty  to  ihe  western  end  of  tlie  .\leuiian  archipelago  and  cliaiii  of  inlands  are  to  he  considered 
as  comprised  within  the  water.--  of  .\laska,  and  all  tin  penalties  jjrescrihed  l>y  law  against  the 
killing  of  fur  hearing  animaN  must,  therefore,  nltacii  against  any  violation  of  law  wiUiin  the 
limil-.  heretofore  descrihe<l.  If,  tlurefore,  the  jury  liclieve  from  the  evidence  that  tlie  defend- 
ants hy  them-elves,  or  in  conjunction  with  others,  did,  on  or  about  the  time  charged  in  the 
inforniali(.n.  kill  any  otter,  mink,  marten,  sahle,  or  fur-seal,  or  other  fur-hearing  animal  or 
animals  on  ihe  >hores  ..f  .Maska  or  in  the  I'.ehrings  .Sea  ea-t  of  103='  of  west  longitude,  the 
jury  should  llnd  the  defendants  guiliy,  and  assess  their  jmnishment  separateh  at  a  line  of  not 
l<-^s  than  200  dollars  nor  more  than  1,000  dollars,  or  ini|)risonmem  not  more  th.ni  .■^i^  months, 
or  hy  both  such  line,  within  the  limits  herein  set  forth,  and  impri>onment.' 

4.  Tiiat  the  jury  hrouglu  in  a  verdict  of  guilty  again'^t  the  pri.soner.s,  in  accor.lance  with 
which  the  master  of  the  "  Thornton, "  Hans  ( iuttounsen.  was  .-.entenced  to  imprisonment  for 
ihiny  days,  and  to  pay  a  tine  of  500  dollars;  and  the  in.ate  of  the  "Thornton,"  .\orm;;n,  was 
sentenced  to  imprisonment  for  thirty  d.ays,  and  to  p.ay  a  line  of  joo  dollars— wiiicli  terms  of 
imprisomnent  are  ])resumal>ly  now  being  carried  into  effect. 

Ihere  is  also  rea-^on  to  believe  that  the  ma.sters  and  mates  of  the  "<  inward  "  and  "Caro- 
Inia  h.Lve  since  been  tried,  and  senli-nced  to  undergo  penalties -similar  to  Uio-e  now  being 
intlicled  ein  the  ni.ister  and  mate  of  the  "  riioriiton." 

\'()ii  will  olKscrve,  fioni  the  tact.s  given  above,  that  the  authorities  of  the 
L  nited  States  appear  to  lay  claini  to  the  sole  sovereignty  of  that  ]iart  f)f 
liehring's  Sea  lying  east  of  the  westerly  boundary  of  Alaska,  as  defined  in  the 
1st  article  of  the  treaty  ((included  between  the  l'nited  States  and  Russia  in 
i,S67,  by  which  Alaska  was  ceded  to  the  Inited  States,  and  uhieh  iiuludes 
a  stretch  of  sea  extending  in  its  widest  part  sonic  600  or  700  miles  casterl\- 
[uesterly?]  from  the  mainland  of  .Maska. 

In  stip])ort  of  this  claini,  those  authorities  are  alleged  to  Iia\e  iiUerfcred 
with  the  peaceful  and  lawful  occujiatioii  i4  Canadian  citizens  o\\  the  hi;>;h 
seas,  to  have  taken  po.ssession  of  their  slii])s.  to  have  subjected  their  propcrtv 
to  forfeiture ,  .and  to  have  visited  upon  their  persons  the  indignity  of  imjirison- 
ment 

Snch  ])roceedings,  if  correctly  reported,  would  apjiear  to  have  been  in 
violation  of  the  admitted  principles  of  international  law. 

I  rei|tiest  that  you  will,  on  the  receipt  of  this  de.sjiatch,  seek  an  interview 
with  Mr.  iJayard,  and  make  him  acipiainted  with  the  nature  of  the  inforina- 
li.  u  with  which   Her  ]\fajesty's  Government  have  been  furnished  resjiecting 


this  matter,  and  state  to  him  that  they  do  not  doubt  that,  if  on  inciuiry  it 
should  i)rove  to  he  rovrcc  t,  the  (lovernment  of  the  United  States  will,  with 
their  well  known  sense  of  justice,  at  once  admit  the  illegality  of  the  proceed- 
ings resorted  to  against  the  Uritish  vessels  and  the  liritish  subjects  above 
mentioned,  ami  will  cause  reasonable  reparation  to  be  made  for  the  wrongs 
to  which  they  have  been  subjected  and  for  the  losses  which  they  have  sustained. 
Should  Mr.  bayard  desire  it,  you  are  authorized  to  leave  with  him  a  copy 
of  this  desixitch. 

1  am,  i^cc, 

IDDKSI.EIGH. 


No.  5.   . 
Mr.   Bayard  to  Sir  L.  S.  Sackville    West 

DEPART.M.VNT   OF    StaTE, 

Sir: 

The  delay  in  my  reply  to  your  letters  of  September  27th  and  October  21st, 
asking  for  the  intormation  in  my  possession  con<-erning  the  seizure  by  the 
United  States  revenue  cutter  "Corwin,"  in  the  liehring's  Sea,  of  British  ves- 
sels, for  an  alleged  violation  of  the  laws  of  the  United  States  in  relation  to 
the  Alaskan  Seal  fisheries,  has  oeen  caused  by  my  waiting  t<j  receive  from  the 
Treasury  Departuient  the  information  you  desired.  I  tender  the  fact  in  ajxilogy 
for  the  delay  and  as  the  reason  for  my  silence,  and  repeating  what  I  said  ver- 
bally to  you  in  our  conversation  this  moruing,  1  am  still  awaiting  full  and 
authentic  reiwrts  of  tlie  judicial  trial  and  judgment  in  the  cases  of  the  seizures 
referred  to. 

^-My  application  to  my  colleague,  the  .Attorney-General,  to  procure  an 
authentic  report  of  these  proceedingN  was  promi)tly  made,  and  the  delay  in 
furnishing  the  report  doubtle.ss  has  arisen  from  the  remoteness  of  the  place  of 
trial. 

So  soon  as  I  am  enabled,  I  will  convey  to  >ou  the  facts  as  ascertained  in 
the  trial  and  the  ruling>  of  law  as  applied  by  the  Court. 

I  take  leave  also  to  acknowledge  your  communication  of  the  21st  of  Octo- 
ber informing  me  that  you  had  been  instructed  bv  the  Earl  of  Iddesleigh,  Her 
Majesty's  prinrii,al  Secretary  of  State  t^jr  Foreign  .Vff^iirs,  to  protest "^igainst 
lie  vessels  above  referred  to,  and  to  reserve  all  rights  of  com- 
lensation. 


the  seizure  o 
isa 
All  ofuhidi  ^hall  n 


eceive  respectful  consideration. 
1  have,  ivc., 


I',  v.  i;\\.\Rl). 


Sik: 


No.  6. 

Sir   L.   S.   Sackvillc    Jl  rs/  to  Mr.    Pnixard. 

Washin(;ton,  AvvW;,v  7,  y^^S-^.     [Rfc'd  boc.  S.] 

Rofcrring  to  your  not.  of  the  i3th  instant  [ultimo^]  on  the  sul.ject  or  the 
sczure  of  Hrms^,  vessels  in  the  F.eh,.ng  Sea,  and  pron.su.g  to  convey  to  n,e 
as  soon  as  poss.ble  the  facts  as  ascertained  in  ,he  trial  and  the  rulings  of  law 
as  appl.ed  by  the  Court,  i  have  the  honour  tn  state  that  vessels  art  now  as 
usual  equippn^g  ,n  British  Columbia  for  fishing  in  that  sea.  Tl>e  Canadian 
Covernment    there  ore,  in  the  absence  of  information,  are  .lesin.us  of  ascer- 

ua  m  of  Alaska  would  be  exposed  to  seizure,  and  Her  Majestv's  (knernment 
at  the  same  tmie  would  be  glad  if  some  assurance  would  be  given  that  nend- 
.ng  the  sett  ement  of  the  question,  no  such  seizures  of  liraitl ,  vesse^^  w  1  be 
made  in  JJehnng  Sea. 

1  have,  &c., 

L.  s.  SACR\'ii  LK  \\i;sr. 


Sir: 


No.  7. 
Sir  L.  S.  Sackvillc  J  Vest  to  Mr.  Bavani. 

W.ASHiXGio.v,  i^th January.  1887.      [Re.'d  ],m.   10.] 


have  the  honor  to  inform  you  that  I  l,ave  received  instructions  from  the 
harl  of  Iddesle.gh,  Her  Majesty's  principal  Secretary  of  State  for  Foreign 
Allairs,  again  to  bnng  to  your  notice  the  grave  representations  made  by  Her 
-Majesty  s  Covernment  respecting  the  seizure  of  the  British  vessels  "  Carolina  " 
••  O.nvard,-  and  -  Thornton  "  in  Jiehring's  Sea  bv  .he  Inited  States  cnJs^r 
••^-orwin.      tc  which  no  reply  has  as  yet  been  received. 

On  tlic  .7th  of  September  last  I  had  the  honor  to  address  to  vou  a  note 
•n  ^vh„  h  I  stated  that   Her   .Majesty's  Government  recjuesled  to  b'e  furnish.d 
^^'tli  an>    partuulars  whi,  h   the    United    States  Government  might   po.ssess 
relative  to  this  o(  (  urrem  e.  .-        i         -• 

On   the   2ist  of  October  last  I   had  the  honor  to   inform  von  that  I  was 
instructed  by  the  Karl  of  Iddesleigh  to  protest  in  the  name  of  Her  Majestv's 
'-vernment  against  such  seizures,  and  to  reserve  all  rights  to  compensati,'.,, 
n  a   note  dated   the   ,2th   of  .November  last  vou  were  good  enough   to 
t'XjWam   the  delay  win.  h   had   occurred  in  answering   these.  <mu 
and  on   the  .same  day  I  had   the  honor  t 


nnunications. 


bom  the  Karl  of  Idd 
your  hands. 


o  communicate  ic 


csleigh  a  .ojiy  of  which,  at   vour 


'  you  a  des 


re.iuest. 


patch 


pla.  e.l  m 


lO 


On  llu-  7tli  ulliiiK)  I  again  had  thf  lienor  to  address  yon,  stating  tliat 
vessels  were  e(inii)i>ing  \n  Hritisli  ('olnnil)ia  for  fishing  in  Ik-liring's  Sea,  and 
tliat  the  Canadian  (lovernment  were  desirous  oi  astertaining  whether  snch 
\essels  lisliing  in  the  o]>en  sea  and  l)e\nnd  tlie  territorial  waters  of  Alaska 
would  lie  exposed  to  seizure,  and  that  Her  Majesty's  (jovernuient  would  be 
glad  it  some  assurance  could  be  given  that  pending  the  settlement  ot"  tiie 
(juestions  no  su(  h  seizures  of  Uritish  vessels  would  be  made  in  liehring's  Sea. 

Tlu'  \es>els  in  (piestion  were  seized  at  a  distanc  e  of  mori'  than  sixty  miles 
the    nearest    land   at    the   time   of  their   seizure.      The   master   of  the 

uirnton  "  was  sentenced  to   imprisonment   for  thirtv  days,  and   to  pay  a 


trom 


ri 


fine  of  five  hundred  dollars,  and  there  is  reason  to  believe  that  the  masters 
ol' the  "Onward"  and  "Carolina"  have  been  si'iitenc  ed  to  similar  penalties. 
In  Mip|iort  ot  this  claim  to  jurisdic  tion  over  a  stretc  h  of  sea  extending  in 
its  widest  part  some  six  or  seven  hundred  miles  from  the  maiidand,  advanced 
liv  the  judge  in  his  charge  to  the  jur\-,  the  authorities  are  alleged  to  have 
iiiterfiTed  with  the  peac  eable  and  lawful  occupation  of  Canadian  citizens  on 
the  high  seas;  to  ha\e  subjected  their  ])ro]iert\  to  fort'eiture  and  to  have 
\  isiied  upon  their  persons  the  indignitv  of  imprisonment.      Sue  h  proceedings, 


therefore 


if   correctly  reported,  appear 


to  h, 


ue    been   in   violation   o 


f   tl 


le 


admitted  jiriiu  iples  of  international  law. 

Under  these  circumstances  Her  Majest\"s  (lovernment  do  not  hesitate  to 
express  their  concern  at  not  having  rec  eived  am  reply  to  their  representations, 
nor  do  they  wish  to  conceal  the  grave  nature  whic  h  the  case  has  thus 
a.ssume(l.  and   to  which    I  am    now   instructed    to   call    your  immediate  and 

ne>    ssarv   for  me   to   allude  further  to  the 


most  serious  attention. 


It 


un 


intormation    with   whic  h    Her    Majestv's    Cioverninent  have  been    furnished 


resptcting  these  seizures  ot 


'.ri 


tish 


vessels   m    the   open    seas,  and  which  for 


some  time  past  has  been  iii  the  possession   of  the  Cnited  States  Government 
bei  ause   Her    Majest) 's   Cioveriiment   do   not   doubt   that    if.  on    iiupiiry,  it 


slioU 


Id 


in i\ !.■  to  lie  CO 


rrect,  the  Oovernmeiit  of  the  I'nited  States 


wil 


wi 


th 


their  well  known  sense  of  justice,  admit  the  illegalitv  of  the  proceedings 
resorted  to  against  the  liritish  vessels  and  the  British  subjec  ts  above  men- 
tioned, and  will  cause  reasonable  reparation  to  be  made  for  the  wrongs  to 
whii  h  the\  lia\e  been  subjected  and  for  the  losses  which  tliey  have  sustained. 
In  (  oiichision.  I  have  t!ie  honor  again  to  refer  to  \our  note  of  the  i2tli 
of  NoMinber  hist,  and  to  what  you  said  \erball\-  to  nie  on  the  same  dav.and 
to  express  the  hope  that  the  c  ause  of  the  delav  com|)lained  of  in  answering 
the  re])resentations  of  Her  Majesty's  Co\erninent  on  this  grave  and  ini] 
tant  matter  mav  be  speedilv  rt'iiioved. 

I  have,  iVc., 

1,.   S.   SACKVHJ.E  WEST. 


)or- 


II 


No.  8. 


Mr.  Bayard  to  Sir  /.  S.  Sackvillr  West. 


Sir; 


Dki'akt.mext  ok  Statf. 


\our  not.  nl  the.  ,lh  instant  was  r.rnvcd  l,v  n..  on  the  next  dav   an.l  1 
regret  exreecln,,!,    that,  althongl,    n>y  efforts   have  been   dil,.cntlv  n  to 

|..-o.:t.re  fr..m    Alaska  the  authentu  ate.i  .  o„ie.  of  the    iuduial    J  e  Z^ 
the  cases  of   the  IJritish  \ '     --' '        '^^'""^-^  " 


esse  Is 


to  which    \ 


on    rele 


r.  I 


have   made   tiie  nrgent  and 
supcrfluons. 


arolina."  "Onward."   and 
should  not  have  l)een  able  to  obtain  th 


liurnton, 
em    in    time  to 


renewed  application  of  the  Earl  of  Iddeslei.di 


TIh 


pressing  nature  of  your  not 


September    27  last,  when  1 


e  constrains  me   to  inf 


received    my  tirst    intimat 


orm    \-oii    that  0:1 


question  was   possible  as  to  the  validity  of  the    judicial 


ion    from    \i)u  tl 


at  anv 


to. 


lost  no   time    in  re(|uesting 


inv   CO 


IS  —  to  procure  for 


whose  l)e])art!rient  the  case 

IS  would  enable  me  to  make  full  response  tc 


league,   the  Aitornev-( 


proceedings  referred 


I  en  era  1  —  in 


From  week   t 


o  w 


eek  I  have  1 


niesuch  authentif  information 

your  ai)pli<;itiori. 


leen   aw 


to- 


tlay,  at    my   re(juest,  the   Attornev-C 


Oregon,  the   nearest  ti 


dite  the  furnish 


ing  of  the  desired  paiiers. 


■aiting  the  arrival  of  the  papers,  and 
eneral  has   telegraphed    to  Portland, 
in   order  to  expe- 


(raph  station  to  Sitka,  in  Alaska. 


You  will  understand  that  my  wish   t( 


instructions  you   have   received   f 


)  meet  the  (juestions  involved  in    tht 


liie  ( 
fa(  ts. 


ielay  has  been  enforced  by  the  absence  of 


rom  _\-our  government  is  averred. 


and    that 


re(|uisite  information  as  to  t 


ne 


1ie  distance  of  the  vesst-ls  fr 


upon  their  seizure,  are  unk 


■om  any  land,  or  thecirciimst 


lole,  and  it  is  essential  t 


nown  to  me  save  bv  the  statement 


nil  es  attendant 


( >f  whatever   informat 


Kit  such  fa(  ts  should  be  devoid  of  all 


ion    nia\    be    i 


(loNernment  J   hav( 


11   th 


■'i   in    )()iir  last 
uncertain  tv. 


)f 


ot  course,  no 


k 


e   ])ossession    of  Her   Majest 


\-  s 


till 


s  l)e|)artnient  of  the  < 


nowledge.  or  means  of  knowledge,  but 


J 


■  overnmeiit  of  the  I'nited  Stat 


m 


possession  of  that  accurate  informat 
isK/ii  in  a  ijuestion  which  you  are  certainlv 


es  has  not    \et  1 


)een 


ion  whi(  h  would   just 


warrantul    in 


,Mave  lUiportance. 


if\-  Us  de- 


onsidering  to  be 


slial 


diligently  endeavor   to  pro,  ure  the  best 


matters  in(]uired  of,  and  will   m 
tiinity  of  decision  is  afforded  to 


evidence  possible  of  the 
ake  line  re>ponse  thereupon  when  the  oppijr- 
me. 


Vou  retpiire  no  assurance  that  no  avoidance  of 
tions  need  be  apprehended. 

I  have,  iVc., 


our  international  oblit:a- 


T.   F.   BAVARJ). 


12 

No.  9. 

S/r  L.  S.  Sackvillc    West  to  Mr.  Bayard. 

Hkitish  Lki;.\ti()N.  Washinm/ion, 

Fclmiary  I,  iH8j.     [Rcc'd  Fel).  2.] 


Sir: 


With  icR-rciicf  to  vour  note  of  the  i2tli  ultimo.  I  have  the  honcMir  to  in- 
lonn  \(Mi  that  under  date  of  tlie  27th  ultimo  the  Mar(|uist)f  Salisbury  instructs 
me  to  en(|iiire  whether  the  information  ami  papers  relative  to  the  seizure  of 
the  ['.lit i.sh  schooners,  "Carolina."  "Onward"  and  "Thornton,"  have 
reached  the  Uniteil  States  (Government. 

I  have,  (Jirc.. 

I>.  S.  SACKVILLE  WEST. 


No.   10. 


Mr.   Inxyard  to  Sir  L.   S.  Sackvillc    West. 

Dl-PAUrMEN'T    OF   StATE, 

\\  ashin(;ton,  Feb.  j,  j88j. 


MR: 


I  heg  to  ai  knowledge  your  note  of  yesterday's  date,  [Feb.  i,?]  received 
to-day. 

L'pon  its  receipt  I  made  instant  application  to  my  colleague,  the  Attorney- 
(ieiieral.  in  relation  to  the  record  of  the  judicial  proceedings  in  the  cases  of 
the  three  l>ritish  vessels  arrested  in  August  last  in  Behring  Sea  for  violation 
of  the  United  States  laws  re.milating  the  Alaskan  seal  fisheries. 

1  am  informed  that  the  dot  innents  in  (piestion  left  Sitka  on  the  26th  of 
January,  ami  may  be  e.\])ected  to  arrive  at  Port  Townsend,  in  W'ashington 
Terriiorv,  about  the  7th  instant,  so  that  the  pai)ers,  in  the  usual  course  of 
mail,  sluiuld  be  received  by  me  widiin  a  fortnight. 

In  this  ((iniiectioii  1  take  oc  casion  to  inform  vou  that,  without  conclusion 
at  thi^  time  of  any  (juestions  which  ma\  be  found  to  be  involved  in  these 
(  ases  of  :iei/,ure.  orders  have  been  issued  by  the  President's  direction  for  the 
discontinuance  of  all  jK-nding  jiroceedings.  the  discharge  of  the  vessels  referred 
to,  and  the  release  of  all  i)ersons  uniler  arrest  in  connection  therewith. 

I  have.  (S:(  .. 

T.  V.  BAYARD. 


13 


No. 


1 1, 


MK: 


S/r  L.  S.  Sackvillc  West  to  Mr.  /hivard. 

Wasiiincion.    Frhnian  4^  itiHj.     [Re. 'd  IVh.  3.] 


[  liaw  the  honor  to  a(  kiiowlcd^'c  thf  rc<  ci|.t  of  your  note  ot  tlif  ;,(1  instant, 
informini,^  nic  tiiat  without  conchision  at  this  time  of  anv  (luestions  whicii  may 
W-  tound  to  he  involved  in  the  (  ases  ot"  seizure  of  British  vessels  m  15ehrin>;'s 
Sea.  orders  have  been  issued.  l)y  the  President's  direi  tion.  for  ihe  dis( on- 
tiniianee  of  all  |)ending  jn-oeeedings.  the  diseharj^e  of  the  vessels  referred  t.>. 
and  the  release  of  all  persons  under  arrest  in  connection  therewith. 

I  havt'.  iVc. 

I..   S.    SACK VII. I, K  WEST. 


Xo.  12. 

Sir  L.  S.  Sackvillc  West  to  Mr.  Bayard. 

W.\shin(;tox.  A/^iil  f,  /,S'A~.     [Re.  'd  .\i)ril  4.] 
Sir: 

In  \iew  of  the  aiijiroac  liiui;  fishiiiy  season  in  I'.ehrinn's  Sea  and  the  fittiu"' 
I'lit  of  vessels  for  fishing  operatioiis  in  thos<'  ".aters.  F4er  Majc  stv'^  (iovernment 
have  requested  me  to  inciuire  whether  the  owners  of  such  vessels  may  reh  on 
lieing  unmolested  by  the  cruisers  of  the   L'nited  States  when   not  near  lain!. 

Her  Majesty's  (lovernment  also  desires  to  know  whether  the  documents 
referred  to  in  your  note  of  the  _:;d  of  February  last  connected  with  the  seizure 
of  certain  British  vessels  beyond  the  three-mile  limit  and  legal  proceedings 
connected  therewith  have  been  received;  and  I  have  the  honor,  therefore, 
to  reipiest  you  to  be  good  enough  to  enable  me  to  re])lv  to  these  in(|uiries  on 
ill.'  part  of  Her  Majesty's  (lo\ernment  with  as  little  deiav  as  ]iossible. 

1  ha\e.  ivc.. 

L.   S.   SACKVII.I.K  WEST. 


SIR: 


No.  13. 
J/r.  Bayard  to  Sir  L.  S.  Sackvillc  West. 

DErARTMENT    Ol'    SlATE, 

Washington,  ,-//;77 /2,  [88~. 


I  have  the  honor  to  acknowleilge  your  note  of  the  4th  instant  relative  to 
the  fisheries  in  Jk-hring's  Sea,  and  inquiring  whether  the  documents  referred 
to   in   my  note   of  February   3d,  relating   to   the   cases   of  seizure    in   those 


14 

watiTs  of  vvssds  char^'rd  with  violating  tlu'  laws  of  ihc   Unitrd  Stat 
latiiig  thr  killing  of  fiir-srals,  had  huLii  ri'(  (.'ivrd. 


fs  rcgu- 


Thr  ir(  Olds  of  the  judicial  proci'cdiiij^s  in  the  lasfsiii  the  l)i:.(ri(i  Coiiit 

y  rccLMvi'd   at    this   Dcpartiiiciu   on  Satnrdav 


on 


in  .\la>l<a  ixlVrrcd  to.  \w\v 

last,  and  arc  now  nndcr  examination 


'I'h 


c    remoteness  of  tiie   scene   of  the   fur-seal    fisheries  and    the   special 


reasurv  officials 


la'(  uliarities  of  that  industry  have  unavoidably  delaved  the'!' 

in  framing  appropriate  regulations  and  issuing  orders  to  I'nited  States  vessels 

to  p.ilii  e  the  Alaskan  waters   for   ihc   protection   of  the   fur-seals  from  indis- 


(  riminate  slaughter  and  (di 


ise(|ueiit  speedy  extermination. 


The  laws  of  the  liiitc-d  States  in  tiiis  behalf 


ire  ( ontained  in  the  Revised 


lave  lieen  m  force 


Statutes  relating   to  Alaska   in   Se(  tions   t()5()-H)-j\,  and  I 

lor  upwards  of  ^e\entein  \cars;  and  prior  to  the  seizures  of  last 

a  >ingle  infraction  is  known   to  ha 

ished. 


\e  oc(  inred.  and   that   was 


summer  hut 


irompti)-  pnn- 


piestion  ot   instructions  to  Government  vessels  in  regard  to  prevent- 


ing  the   indiscriminate  kill 

will  inform  \-ou  at  the  earliest   (Ia\ 

Hritish  and   other   vessels  visiting   t 


ing  ot   tur-si'ais   is   now 


heing  <  cinsidered,  an< 


1  I 


lios.Mlilc   what    has   \)vvn  decided 


that 


selves  ac  (-ordinal  V. 


ng   the  waters   m  (piestion  (an  govern  the 


m- 


I  h, 


xve, 


r.   F.    I '.AVAR  I). 


X 


().     F 


4- 


Sir: 


S/r  /..  .V.  Sat'kvi7/c  U'csno  Mr.  Pyavard. 

Wash  I M  ;t()x, /-//,■  ,V.  iH8j.      [Rec'd  July  9.] 


Wit' 


th 


1  retereiK  e  to  your  note  of  the  12th  A]iril  stating   tl 


e  jiKlicial  jiroceedings  m  the  cases  of  the  I'.rit 


Sea  had  1 


ish  \esse 


)een  received.  I  h;ue  tl 


lat  the  records  of 


s  sei/ed  m  liehriim  s 


ie  honor  to   inform   von   that  the  Mar 


alishury  has  instructed  me  to  recpiest    you  to  I 


|Ul:- 


w  iih  a  (ojtv 


the  same  for  the  informati 


>e  good  enough  to  tnrnish  me 


on  of  Her  Majesty's  ( 


I  h; 


rovernment. 


ive. 


1-   S.   SACKVII.T.E  WEST 


'5 

\n.    15. 

■^/r.  /hiynn/  fo  Sir  L.S.  S(ukvi//c  JVisL 

1)i:i.\kimi:m   01    Staik, 
^,„.  \^"\>iiiN(;i().\,  ////i  //.  /.v.S-. 

CninplyiuKuith  tiu.  ,v,|iK'st  .  ontainc.l  in  \u,n  uou-  ..f  t'lc  ,Sth  insimt 
-•nvcyr.l  h.  mr  niulcr  ihr  inMrii.  tinns  of  your  ( inuTninu.,.  I  have  ihr 
hoiu.r  1..  fiKlosf  y.Mi  tw.,  printed  ,n|,ifs  n\  the  jiuli.ial  pro.  ch  din-s  in  thr 
I  mud  Status  District  C.nrt  tor  the  District  of  Alaska  in  the  several  <  ases  cf 
hlH'l  against  the  s.hn,,ners  ••  Onward,"  faroiina."  and  '•Thornton,"  tor 
kiHinn  tiir-seals  in  Alaskan  waters. 

Aiiept,  iVe., 

T.    I'.    l!A\AKi). 


I'.nclosiire  in  No.   15.      Transcript  of  record  in  cases  referred  to. 

Jii  IIk   irtttttcd   Stntcs    IHistrict  Court 


i()i<     rm-;    i  )i>^i-uic'r 


<)|-     AKAWKA. 


TIN':  UXIT1:D  STATHS.  I.lP.lil.L.WT. 
Till-:  SCIIOOXHR  "CAKoiJiXA."  \m 

TACKiJi,  inc. 


O/i  Lil'c'  '  Infoniidtioii 
for  />ei/!x  cnxa.or,/  in 
tlii-  hiiiiitess  of  /•///,'>/(,■■ 
fi/r-sru/  III  J/as/ci. 


(hi  tlic  jStft  day  of  Ah  oust,  /SS6,  7.hxs  filed  tfw  follcKciuo  fjM 

of  Information. 

IN    I  111.   DlSIKler  O.IKT  Ol-    THi;  INII  1,1,  STATIC   Kik  THI.    l.lSlRiCr  Ol'  ALASKA. 

Ar(.f,Sl   .sl'KclAr.   IKK.M.  xim. 

To   //it-    IIoNOKAKI.K    I.AiAVKTTK    I  )A\V--i  IN, 

Ji'ti^t'  of  said  I">i>tiiit  Court: 
Tlie  libel  of  information  of  M.  1 1.  I!all,  .Attorney  for  ihe  Inittd  States  for  ilie  District  of 
Alaska,  who  prosecutes  on  beiuilf  ,.f  >ai.l  fnite.i  .States,  and  bein^^  present  here  in  Court  in  his 
liroper  person,  in  the  name  and  on  beiialf  of  the  said  Inited  States,  uKain.st  the  schooner 
"Carolena,"  her  tackle,  ai)pMrel,  boats,  eari^o  and  furniture  and  atjain.si  all  jiersons  intervening 
I'T  their  interest  therein,  in  a  cause  of  forfeiture,  alle.ues  and  informs  as  follows : 

That  Charles  A.  Abbey,  an  officer  in  the  Revenue  Marine  .Service  of  the  I  nited  States  and 
on  special  duty  in  the  waters  of  the  District  of  Al.-uska,  iieretofore,  to  wit,  en  the  first  day  of 


I6 

Aii^ii-.!,  iSSi),  wiiliiii  ihf  limits  of  Alaska  Territory  aii<l  in  the  waters  llicrcdf,  ami  wiiliin  tlii' 
civil  ami  jmlicial  I  tistrict  of  Alaska,  to  wit  in  the  waters  of  iliai  [jorlimi  nf  itclirini^'s  Sea  heloni; 
in;^  to  saiti  l>istriei,  on  waters  n.ivicaMe  fr«'m  the  sea  by  vessels  nf  iiii  or  iiKire  tuns  liiinleti, 
seized  the  ship  nr  vessel  commonly  called  a  Schdoner,  tlic  "Carolenn,"  her  laikle,  ajiparel, 
lioais.  ear^jo  ami  rurtiiture  being  eh«-  |>ri>|jerty  of  some  person  or  |)ersons  to  said  Attorney 
ind.nown,  as  forfeited  to  the  use  of  the  L'nited  Mates  for  the  following;  tauscs; 

I  liai  ilie  said  vessel  was  found  eii;;aged  in  killing  fur  seal  witliiii  the  limits  of  Alaska  Ter 
riioiv  and  in  tlie  waters  thereof,  in  vk»laiion  of  sictiort  I956  '■''^  •'"-'  'Revised  Staiiites  of  ihe 
I'niied  Stale-. 

And  the  -aiil  Aiiorney  saith  that  all  ami  nn^ular  the  premises  are  and  were  true  and  within 
the  admiralty  and  maritime  jurisdiction  of  thi' <  oiirt:  and  that  \>y  reason  ihercol,  and  by  force 
of  the  Sialiites  of  the  l'nited  Mates  in  such  caHrs  made  and  provided,  the  aforementioned  and 
dcscrii'cd  schooner  or  vessel,  l>einj;  a  ve»s<I  of  over  twenty  tons  burden,  her  tackle,  apparel, 
bciats.  car^'o  and  furniture,  became  and  are  forfeited  to  the  use  of  the  said  I  niied  Stales,  aiul 
thai  said  schooner  is  now  wittiin  the  I>i-trict  afore^r.id. 

\\  lieiefore  the  said  Attorney  prays  that  the  usual  process  and  inoniiioii  of  this  honorable 
(  (iiiil  issue  ill  till-  behalf,  and  that  all  ;)cr*ons  interested  in  the  beforenientioncd  and  dcscribe<l 
scho<>ner  or  vessel  may  I  e  cited  in  };ericral  and  s|K;cial  to  answer  the  premises,  and  all  due  pro 
eeediiii;s  iieiiii;  h:id,  that  the  said  schcjner  or  vessel,  her  tackle,  ajiparel,  boats,  car^'o  and  fur 
niiiire,  may  for  the  causes  aforesaid,  and  other*  ap])earinj;,  be  loiidemned  by  the  delinite  sen- 
lence  and  decree  of  this  Honorable  «Vur;.  as  forfeited  to  the  use  of  the  said  L'nited  Stales 
according  to  the  form  of  the  Statutes  of  the  sai<i  L'nited  Stales  in  such  ca.-^e  made  and  provided. 

M.   H.    IIAI.I,, 
I '.   .v.   Pis/.   .U/oin,v  I'or  llir  nisi.  >'/  .Unskd. 


Thcrcitpfii  issued  fortliwith  the  folloa'iuo-  uiouit'uui . 


I)l-ri(    1     I'l      .\l  A-KA    S'    1. 

The  I'resident  of  the  L'niied  s.tntes  10  the  Mar-hal  ./f  tiie  I  )i>lrict  of  .\la-ka  ;j;iTc;inu; : 

Where.is  a  libel  of  information  hath  l*en  tiled  iii  ilie  I)isirici  (.'oint  of  the  Lniieu  State- 
lor  ihe  1  li-irici  of  .\!,'-^a.  o;i  the  ;.Sth  day  of  August  in  the  year  1X.S6,  by  M.  I),  liall,  L'nited 
Mal.^  .\tloiiiey  Tt  (he  I  »i-tri(.t  aforesaid,  on  '-ehalf  of  the  L'nited  States  of  .America,  aL;ainst 
tile  rchooner '•  1  aroltiia,  "  her  tacklf,  a|>|/arel,  Ixjais.  carj;o  and  furnituie,  as  forfeited  lo  the 
use  of  the  Lniied  Suui-  Tor  the  rea.s<.>ns  and  causes  in  the  said  libel  of  information  mentioned, 
ami  prayiny  the  usual  proces.^  and  monition  of  t!ie  said  * 'ourt  in  that  behalf  to  be  made,  and 
thai  all  persons  interested  in  the  -w\  -ch'xjncr  "Carolena,"  her  tackle,  apiiarel,  boats,  car^o 
and  funiiuiri  etc.  may  be  cited  in  genera!  and  special  to  answer  the  premises  and  all  (iro- 
coediiiLjs  beini;  had,  that  the  said  schfoner  "  Carolena,  "  her  tackle,  apjir.rel,  boats,  cars^o  and 
Uiriiitiue  may  for  ilu-  e.ni.ses  in  the  said  lii.«I  of  information  mentioned  be  condemned  as 
forl'eiled  Up  tiie  use  of  the  Lr.iied  States. 

\'oii  are  iliercfoie  lien  1  a-  coinmandtd  to  attach  the  said  schooner  "C'nrolena."  her  tackle, 
apparel,  boats,  carLjo  and  furniture,  to  dctiJn  the  same  in  your  custody  until  the  further  order 
of  the  t  omt  respecliiii;  dit  ^aiae.aiid  to  give  notice  to  all  pjersoiis  claiiiiini;  the  same,  or  know- 
in^'  or  haviiiL;  anyiliiiii;  to  -a*;  wliy  the  same  •.liould  not  i'e  condemned  and  sold  pursuant  to 
the  prayer  of  the  said  libe!  of  infonnaiioi .  that  they  be  and  appear  :  efore  the  said  ( 'ourt  to  )  c 
liv'ld  .11  ai:d  for  the  I  ii-irii.!  of  Alaska,  on  the  4th  day  of  <  klol  .a-,  tS  16.  at  to  o'clock  in  t':.; 
lorcnooii  of  the  -ame  day,  if  the  same  -hall  1/e  a  <lay  of  iurisdiction,  otherwise  on  the  1  '•  .1  day 
of  jurisdiction  thi-reafter,  then  and  there  to  interpose  a  claim  for  the  same  an<l  to  make  their 
allcLialioiis  in  thai  behalf. 


17 

Aiirl  wlial  y<m  shall  have  iluiic  hi  the  itrciniscs  do  you  thi-n  ami  tlaro  make  return  tlicrwf 
together  with  this  writ. 

Witness  the  IIonoraKlf  Lafayette   Dawson,  Jud^je  of  said  I'ourt.  and  tlic  seal  tlieriof 
affixed  at  the  City  of  Sitka  in  the  Distr'.n  of  Alaska,  this  28th  day  of  Aumist  in  the 
year  of  <  )ur  Lord  One  ThoUMind,  citjht  liundrrd  and  eit;lity  >ix  and  of  iliu  Iniii'peiid 
ence  of  the  United  States  the  one  hundred  and  eleventh. 


[>rA>.] 


ANDREW    r.   MAVIS, 


On  the  6th  day  of  September,    /SS6,  7eas  filed  the  following 

Affldai'it: 

IN"    I'HK  UNITED  STATES    DISTRICT  LOlRr  IN  AND  l-OR  THE  DISTRICT  Ol'  ALASKA 

UNITED  STATES  (JK  AMERICA. 


THE   UNMTED   STATES  OF  AMERICA 
THE  SCHOONER  "  CAROI.ENA.•■ 
UNm:Il  Statks  UK  Amt.kica,  "I 

'  s  ss. 


I 


District  ok  Alaska. 


( 


C.  A.  Abbey  being  duly  sworn  (kixiscs  and  says:  — 

That  he  is  and  at  all  limes  hereinmeniioncfl  was,  a  Captain  in  the  I'nitcd  States  Revenue 
Marine,  and  in  Command  ol  the  United  Stales  Revenue  Cutter  "Corwiii.  " 

That  affiant  and  the  foUowinjj;  named  officers  and  men  of  said  "  Cjrwin '"  are  material  and 
necessary  witnesses  for  the  United  States  in  the  above  entitled  action,  to  wit:— J.  C.  Cantwell, 
Lieutenant;  'Ihos.  .'^inf^leton,  seaman;  I.  U.  Rhodes,  Lieutenant;  'T.  Lorensen,  seaman  ;  and 
J.  H.  Douglass,  I'ilol. 

That  owing  lo  scarcity  of  provisions  and  fuel  u[)on  sai<l  "  L'orwin,"  the  said  "  Corwin  "  and 
deponent  and  said  witnesses  will  he  obliged  to,  and  are  about  to  go  to  sea  within  live  days, 
and  out  of  the  district  in  which  the  said  case  is  to  be  tried,  and  to  a  greater  distance  than  one 
hundred  miles  from  the  place  of  trial  of  said  action  before  the  time  of  said  trial: 

That  there  is  urgent  necessity  for  taking  the  depositions  of  affiant  and  '^aid  witnes.ses  forth- 
with. 

That  James  ISlake  was  the  mate  of  said  Schooner  at  the  time  of  its  seizure,  and  is  tiie  only 
person  or  ofticer  of  said  Schooner  now  within  the  jurisdiction  of  this  Court,  or  ujjon  wlmm 

service  of  notice  can  be  made  as  affiant  is  informed  and  believes. 

C.   A.  Ar.HKV. 
Subscribed  and  sworn  to  before  me  this  6th  day  of  Scpten-iber,  iSST). 

ANDREW  T.   l.KWIS,  tV.;/-. 


lg 

()//  the  same  day  was  entered  the  folUKviu^^  order : 

IN    I  III     M  \  II  I  K  iM     I  III     I   M  I  I  h  s|   \  ||> 

M  llcii'M  K  "  llloKNKtN,"  lane  Nn.  vl 
■■(   \K(t|.INA,'  ••        SI 

i\\\  \KI>,  ■  ■'        V,. 

•■>  \S   l>ll  <;i»,"  '<        jg. 

Ill  till-  ill  dm:  tii!illc<l  acliuii!.  ur;;cnl  ii(.'i.i'«-il\  niul  ^;(hk1  Ciuisc  apiuaiiii^  tluTLl'iir  fi.mi  llic 
alt'ulavils  of  i '.  A.  Ahlicy,  now.  mi  iniilioii  of  M.  1 1.  liall,  I'liilfil  Slates  hixiiict  Aitoriu-y  for 
Alaska,  ami  (  ■■iiii«cl  for  llic  I  nilcd  Slates  licreiii,  it  is  unlcrcd  thai  llic  ilf|i<isili(iiis  of  the 
wiimssfs  <'.  A.  Ahlny,  J.  \V.  Ilnwisoii,  |.  ('.  Cantweli,  |.  l'.  Uiioilcs,  j.  II.  I  loiij^lass,  ('.  I'. 
Win-low,  \]l.(it  I.iaf,  t '.  Williflni,  'I'lms.  .Siii^;k'ioii  ami  \.  Lorciiseii  lie  taken  licfori' the 
I  !iil-  ipf  the  •'aid  !  »isiri(.l  Couri  on  'riiosiiay  liio  7tii  day  of  Se|)temlit'r,  iSS'i,  at  Jo'ijock 
|i.  111.  or  as  sooii  thereafter  as  liie  matter  can  ln'  reaclied  at  the  oliuu  of  -.aid  (  lerk  at  Sitka, 
.\l.i.-ka,  .mil  if  not  LdiiipKlcd  on  ».iid  eveiiinj;,  then  the  taking;  of  said  d(  |lo-itioll^  to  lie  con 
iMiucd  |iy  ■'aid  (lerk,  lioiii  time  to  time  iiiilil  eoin|ileU'c|.  Tliat  iioliie  of  tiie  iniie  .iiid  jilaee 
of  lakinj;  sail!  depoviiioi,.;  he  served  liy  the  M.iisli.il  of  >aid  i  li-lriit  on  I  laiis  '  ailtorinsen, 
'■lines  Itlake,  1  i.iiiiel  Muiiroe  and  i  luules  \\.  Kayiior,  and  ii|miii  W  .  (  lark  1>'|.,  Aiiijnity  at 
1  aw ,  on  or  hefore  Septeinlier  7tli  at  12  in.  and  that  «iu'li  shall  he  due  and  suilieient  and 
reasonaMe  iiotiee  of  the  taking;  of  said  depositions. 

1  )oiie  in   (r|ien  i  oiiii  llii>.  (ilh   d,iv  of  Se|ilenilier,  iSSd,  now    at  llii«  time 
\\  .  (kirk  l'.si|.  leint;  present  in  Court  waives  service  of  notiee, 


On  the   jth  day  of  Septen/f)er,   iSS6,  loas  filed  the   I'olUnving 
notiee  and  return  the)-eof: — 


IN    in  I     INI  11  11  .si  A  1  i:s   Ills  IKU   irdt   U  I  .  1\   .\Nli  1(1  k    I  III     HIM  K  11    I   til    ALASKA, 

I'MIKI)  .si  A!  I.S  ni    .\.Mi:kU.A. 


1  III-.  rMTFI>  STAIKS 
ini-   SI  IKioNKK  "CAROLKNA." 


To  James  iilake  i;reetinf;:  ^'on  are  notiiied  tliat  liyorderof  Lafayette  hawson,  huh^e  of 
.said  District  Court,  that  the  depo-itions  of  C.  .\.  .Mihey,  j.  C.  Cantweli,  J.  L'.  Khodes  and  J. 
II.  1  >oiiL;la-s,  will  be  taken  hefore  the  Clerk  cf  s.iid  liiMrict  Court  at  his  (  )llice  at  Sitka  in  said 
l)i-tricl  on  Tuesday,  Seplcmher  71I1,  1SS6,  at  7  o'clock  p.  m.,  or  as  soon  thereafter  as  the 
matter  can  le  reached,  and  if  not  completed  on  said  eveniiiL;,  the  taking  of  said  deposilion.s 
will  he  continued  by  said  (lerk  from  time  to  time  until  C()mi)leted. 

Paled  S.intmlur  7ih.  1SS6.  ANDKI'.W    T.   I.IAVIS, 

Clerk. 

CmH  |i    SlAil..-    M|.    .\MI.KIiA,  1    _ 
DisTRU  I    111     .\l.\>KA.  i  ■'*■ 

This  is  to  certify  that  on  the  7th  <lay  of  Siptemliei,  1.S.S6,  before   12  o'clock   noon  of  that 

ilr.y,  1  served   the   annexed   notice  on  the   within   named  James   I'lakc,  at   Sitka,  I  )istrict  of 

.\hiska,  by  then   and   there  personally  deliverinj^  to  said  James  Hlake  a  copy  of  said   notice. 

And  then  anil  there  ^ave  him  the  privi!ei;eof  beiny;  present  at  the  taking  of  said  depositions. 

I  lated  September  ijth,  iSSb. 

liARTOX   .\rKI\S, 

/, .  S.  iVurs/icil. 


>9 

( hi  the  (;f/i  ihiy  of  Sifhnibcr,   iS^6,  were  filed  the  follo-cing 

itcposititnis: — 

IN    I  III.  I'M  IKli  MAILS   IH^TKUr  (  (ilK  r.  IN   ANh  Ink    I  III     I 'Is  |  UH   r  ( ir  AIA.-KA. 

IMI  111  >l  AII-S  1)1    AMI  kICA. 


IHK  UNITED  STATKS  OF  AMI  kRA  I 

T'*.  V  A'o  SI. 


THK  SCH()<)NKR  "CAROLENA." 


I 'epositions  of  \Vitiii'»'<cs  swiirn  and  cNaiiiiiuMl  lid'nrc  iiic  on  tlic  71I1  day  of  Septctnt>er, 
A.  |).  iS.SCt,  at  7  o'clock  j).  m.  of  i.iid  day  and  on  >ciiiiMnl'er  Sili  and  (>tli,  iSSf).  tticrcnftcr, 
at  the  CltrkN  ottid-  of  >anl  Coiirt  in  Sitka,  l)i^tricl  of  Alaska,  I  niti'd  '^talcs  of  America,  hy 
\iilnc  and  in  |iiir-iiancc  of  ilic  order  of  saiil  Court,  made  and  iiitered  in  the  aliove  entitled 
action  on  Stptenilier  fdh,  iSN^),  directing'  tiiat  the  ttsliinonv  and  ile|iosition^  of  -aid  witnesses 
lie  taken  heforc  nie  at  ■•aifl  lir>t  nu'ntione<l  time  and  phKeandat  siirli  siiliseniient  tinvs  as  the 
taking;  of  tlic  same  mi^hl  l)e  continued  to  hy  me,  in  said  action  tlirn  am',  there  pending  in 
»nid  I)istrict  < 'onrt  i'etwecn  tlie  rniteij  Slate^  as  plaintill  and  tin'  Sctioo  ler  "  ("aroleiia"  as 
defendant,  on  hehalf  of  and  at  tlie  instance  of  the  said  piaintilV,  tiie  I'niti'd  Stales,  and  upon 
notice  of  the  time  and  phtce  o."  takinj;  of  said  depositions,  si"  ed  iii>'"'.  James  HIakc,  the 
mate  of  said  Schooner,  hi-  iHin^'  the  oidy  olfux-r  of  said  Scliooiur  "ipon  wiiom  service  could 
lie  made,  and  upon  W.  (lark  F,s(i  liis  Attorney,  the  owners  of  said  Schooner  iiein^;  unknr.wn 
and  withoi'f  the  jurisdiction  of  this  t'ourt. 

('a])taiii  < '.  A.  Atihey  heinj;  (Kily  sworn  deposes  and  says: — 

<,>.  State  your  name  an<i  occupation. 

A.  Captain  < '.  .\.  .\i<iiey,  in  the  I'nitcd  States  Revenue  .Marine  Service,  ati>rrsent  incrm- 
inand  of  the  V.  S.  Revenue  Ste.imer  "Corwin"  on  sjiecial  duty  in  .Alaskan  waters,  for  the 
protection  of  the  S<'al  islands  and  of  the  ( ioverimient  interests  in  .\laska  (generally. 

(J.  What  were  you  doinj;  and  wliat  occurred  on  the  1st  of  .Vuf^ust  last  in  tht;  line  of  your 
duty? 

.\.  Cruising  in  l!el)rin.i;  Sea  about  75  miles  soiith-soutlieast  from  St.  ( ;ef>rp;e's  island  and 
I  found  the  iiriii^h  Schooner  "Carolena"  of  X'icloria,  1>.  '.,  driftini;  with  sails  down.  Her 
1  mats  were  absent  and  she  wa.s  evidently  a  sealer.  I  saw 'lead  seal  lyin^J  upon  her  forward 
deck.  ini|uired  of  the  schooner  in  which  direction  her  iioat-.  were. 

I  then  ordered  her  to  be  sei/ed  by  I  .ieui.  Canlwell  for  killin;.^  fur  seal  in  the  waters  ol 
.\laska,  took  her  in  low  and  proceeded  to  hunt  np  her  boats,  all  four  rif  which  1  found  with 
freshly  killed  fur  ^eal  in  them,  arms,  annnunition  and  hunters,  some  of  whom  I  saw  shooting 
at  the  seal  in  the  water.  These  boats  all  went  on  iioard  the  "Carolena."'  ( 'n  this  evidence 
1  caused  the  vessel  tf)  be  seized  by  l.ieut.  <  anlwell,  1  took  her  in  tow  and  proceeded  with  Iter 
to  <  )unalaska  where  I  jjlaced  the  vessel,  tackK  .  car};o.  furniture  r.iid  apjiurtenaiues  in  cliarge 
of  Deputy  I'.  S.  .Marshal  Isaac  .\nderson  of  Hnnalaska;  the  cargo  of  lur  seal  skins  bein^^ 
stored  in  "  Keuch,"  in  one  of  the  warehouses  of  the  .Alaska  Commercial  t'ompany  and  inider 
seal.  The  arms  and  anmnniition  (jf  this  \essel  1  look  on  board  the  "Corwin'"  and  brought  to 
Sitka  and  delivered  into  the  custody  of  the  V .  S.  Marshd  there. 

The  vessel  tackle,  furniture  ar  '  cargo  are  now  in  the  custody  of  the  V .  S.  Marshal  of 
this  I)istrict. 

(^).  Was  this  the  vessel  against  V-   .ich  this  libel  of  information  is  tiled? 

A.   It  is. 


20 


Q.  Did  tliis  all  "cur  witliiii  tlic  waters  nf  Aliiskii  and  the  'rcrriloiv  of  AlasUa  and  witliin 
the  jmisdicliciu  of  this  Cdiirt?  y 

A.   It  (lid.  « 

(,).   Dili   this   occur  wilhm  tl:c  waters  of  the   Sea  na\i};al)lc  for  vessels  of  ten  (lo)  (ftn.s 

burden  or  over? 

A.   It  did. 

r.  A.  AHDKV. 

Sul'srril.od  and  sworn  to  before  me  this  Qth  day  of  September, 

A.  1).  iSS6,  after  having  been  read  over  by  me  to  deponent. 

ANDREW  T.   I.IAVIS, 

CUrk. 

I.ieiuen.ini  John  ('.  (  antwell  bein^'  duly  sworn  deposes  and  says: — 

<,i.   Si.Ue  your  nana-   o(  cu])ation  and  at,'e. 

A.  jfilin  • '.  (ant  well,  ^d  l.ieulenanl,  I  .  .S.  I<e\enue  Marine  Service,  at  present  (jn  cbily 
on  tin    L  .  s.  Ke\enue  Steamer  "Corwin"  and  o\er  the  a,L;e  of  twenty une  years. 

(J.   W  ere  y(Ai  so  on  the  1st  day  of  August  last  ? 

.\.   1  was. 

i,>.  Stale  what  occurred  on  that  day  in  the  line  of  your  duty. 

\.  A  schooner  was  siL^iued  I'rom  the  "Corwin"  ^\\A  I  was  directed  by  ('apt.  .Abbey  to 
board  hiT.  I  found  her  to  be  the  Schooner  ''Carolena  of  \ictoria,  I!.  (J.  lames  (  )y;ilvie, 
I  aptain  and  James  lilake,  Male.  I  saw  dead  seal  upon  her  deck  and  the  (.'ai)tain  admitted 
that  he  was  eni,'aL;ed  in  takini;  seal  and  tiiat  four  of  the  Schooner's  boats  were  at  the  lime 
ai'sent  from  the  vessel  en!;a!.;ed  in  killing'  seals.  [  sij,maled  this  fact  to  ( 'a])t.  .\bbcy  and  he 
(lirecied  me  lo  seize  the  vessel  which  I  did  and  the  ■'Corwin"  tocjk  us  in  tow, 

I  J.    I)']  you  recot;ni/.e  these  j)a])ers.-' 

A.  I  do.  '1  iiis  paper  marked  (K,\.  "i")  is  the  cerliticate  of  •■o^Msir_\-  of  the  Schooner 
"C-'arolena,"  of  \icloria  i!.  C.  [Said  i;r/i/K<i(e  is  ilatal  M,ir,/i  j/.</,  iS/<\  ,ni,/  i;-pi;\<nils 
itiid  Sthc'ih-r  <i^  ,/';/oii  A/.',-,  burden  ivul  ini<)i,',l  hv  l-'iaiich  .\riintr,in:^  ,i/  lli/inia,  A.  ('.) 
This  pap'ir  marked  (  I'.x,  "J  ")  is  the  bill  of  heahh  of  >aid  schooner.  {S,ii,i  hill  of  lieu  II  h  is 
ilaled  III  I'itiorii,  l>.  ('.  [Miiy  n)lli  /SS6  and  >r/>ri'si'iils  stiid  Si/icii/irr  "  ('<ir,'l,iiii''  us  lluii 
ready  to  depart  j,  r  HelirliiL,^  Sea  and  Okhotsk  Sea  and  other  plaees  leyuiid  the  Sea,  loith.  Jam,  s 
OJiTie,  Master,  and  el,  :-en  persons  ineliidini;  .uiid  Master.)  This  paper  marked  ( V.\.  "  K  "') 
is  the  coastins^  license  of -^aid  schooner.  (Said  lieense  is  in  the  usual  foriiijo  fames  O^^ilrie, 
Madcr  ,f  the  Sehoon.  r  •'  ('arol,  iia."  dated  at  I'ietori.i,  /I.  ('.,  i-'eh.  ;f>lh  iS.S(>,  and  in  terms 
expires  on  the  jot/i  il.yv  of  June  /SS(:i  I'hi.-,  jjaper  marked  (\'.\.  "1.")  is  the  Clearance  of 
-aid  Schooner.  \Saia'  elearanec  is  J'or  said  'ehooner  as  .'/_,'/<?"  tons,  nari-dted  -oith  eleven 
men,  James  if'ilr'ie.  Master,  hound  for  Paeilie  Oeean,  Ihhrini^  Sea  and  Okhotsk  Sea,  on  a 
lishin-  ana'  hunting  vovavr,  and  is  dated  at  I'letoria,  H.  C,  May  rgth  rSSt>.)  .\11  of  which 
papers  were  found  on  board  of  the  "Carolena"  at  the  time  (jf  seizure  and  taken  pos>e.-sion  of 
by  me. 

<J.  Slate  how  mat:y  men  the  "(;arolcna"  had  on  iioard  as  crew  when  seized? 

.\.    Tliirteen  or  fourteen. 

(J.  State  whether  ihis  is  a  rca.sonalile  number  of  nun  for  ordinary  purposes  of  commerce 
and  na\iL;ation. 

A.    It  is  an  unusually  lar-e  number  lor  tliat  |iur|)ose  on  a  vessel  of  that  size. 

JOIIX  C.  C.\N  TWKI.l., 

jd  /.lent.    r.   S.   A'.    ,1/. 
Sub.scribed  and  sworn  to  liefore  me   this  ylli  day  of  .Se|)leinber, 
A.  D,  iSS6,  after  havinti  been  read  over  by  me  to  de))onent. 

['^''^'••1  ANDKIAV    T.   MAVIS, 

Clerk    I  '.   S.    IHst.    ( 'o/irt. 


I 


21 


John  U.  Rhodes  hcinij  duly  sworn  deposes  and  savs: 

<J.  Slate  your  name,  ai,'e  and  occuijation 

A.  John  V.  Rhodes,  I.ieut.  U.  S.  Revenue  Marine  and  at  i^rescnt  on  duly  (.n  ihe  L'.  S. 
Re*'enuc  Steamer  "Corwin"  and  over  the  a^'<-  of  21  years. 

',».  State  what  arms  and  ammunition  were  seized  on  the  Schooner  "  Carolena"  al  the  time 
of  her  seizure. 
A.  4     Rifles 
1     .Musket. 
5     Shot  i^'uiis 
171     Shot  ^un  cartridt;es 
353     Killc  c'arlridf^es. 
14J  jiafjs  buck-shot 

^  liag  of  bullets 
40  Hajjs  of  wads 
21  ito.xes  wads 
13  "  [iriiners 
if,  "  of  ca|)s 
()I     lbs.  powder 

n,  Were  there  any  nautical  instruments  .sei  xd  on  the  "Carolena''  except  what  is  included 

in  the  Ljeneral  inventory? 

A.   I  ( )ctant. 

I  (Quadrant. 

Q.  What  has  become  of  this  property? 

A.  It  has  all  been  delivered  to  the  L'.  S.  Marshal  at  Sitka  and  is  now  in  his  custody. 

JOHN  U.   RHODES. 
Subscribed  and  sworn  to  before  me  this  9th  day  (jf  SeiHember, 

\.  I).  i8Sf),  after  having  been  read  over  by  me  to  dei'  .lent. 

[■^i'\i-]  .  '        .  :^NI)Ri;\V  T.   I.I':WIS, 

(7rr/,-   C.  .V.   /)/s/.    Coiirl. 
J.  H.  I)f)u^dass  bt'in^'  duly  sworn  deposes  and  says:  — 

Q.  State  your  name,  a^e  and  occupation. 

A.  J.  1 1.  I)ouj,dass,  am  over  the  a},'e  of  21  years,  am  a  Pilot  in  the  Revenue  Marine  Service 
of  the  U.  S.  and  have  been  .so  for  7  years  last  [last.  I  am  now,  and  on  the  llrst  of  August  1S86, 
was,  I'ilot  on  '.lie  Revenue  Steamer  "Corwin." 

(^).  State  what  experience  you  ha\e  had  in  the  fur  .sealini,^  business  and  your  knowledj^e  of 
the  habits  of  the  fur  seal 

A.   I  have  been  cruising  for  more  than  15  years  off  and  on  in  .\laskan  waters  always  as  an 

olficer  or  pilot  and  have  visited  tlie  I'ribyloff  Islands,  St.  I'aul  and  Si.  ( ieor^e,  several  iiundred 

limes  and  am  perfectly  f.imi liar  with  ihe  sealing,'  business  as   conducted   (jn  those  islands  and 

understand  th    mi^raiini,'  haiiit,  of  the  fur  seal.     From  about  the  1st  of  May  to  about  the  isi 

of  July  of  each  year  ;he  fur  seal  is  niij^ratin^'  north  throu^jh  the   Lniinak  and  .\kutan  jiasses 

to  these  islands  for  b. ceding;  purposes.      They  go  to  no  other  place  in  the  known  world  except 

these  inlands  ;.'id  (  opper  Island  for  breeding  purposes.     After  the  breeding  sea.son  of  about  a 

month  they  begin  to  migrate  soiiih  and  until  intu  .Ndvember  of  each  year  are  migrating  south 

thrtiugh  liehring  Sea.      l)uring  ihis  season  from  May  till  .November  the  fur  seal  are  plenty  i.i 

the  waters  adjacent  to  ihe  I'ribyloff  islands  and  are  migrating  to  and   from  these  islands  and 

are  at  all  limits  very  plenty  between  Inimak  jjass  and  said  islands  in  a  track  about  30  miles 

wide  which  scemS  to  be  their  highway  to  and   from  said  islands.     The  Schooner  "Carolena" 

and  her  boats  when  seized  were  directly  in  this  track.     I  was  present  at  time  of  seizure. 

J.   H.   DOUCLASS. 
Subscribed  and  sworn  to  before  me  tljis  9th  day  of  September, 

A.  I).  18S6,  after  having  been  read  over  by  me  to  deponent. 

[sK.Ai..]  ANDRFAV  T.  LKWIS, 

Chrk  U.  S.  Dist.  dnirt. 


22 


1 


Thomas  Sini;leton  being  duly  sworn  deposes  and  says: 

().  State  your  name,  age,  and  occupation. 

A.  Tliomas  Singleton,  am  over  the  age  of  21  years,  and  am  a  seaman.  Was  employed  on 
the  Steamer  "C'orwin"  on  llie  i.-^t  day  of  August  18S6  when  the  "Carolena"  was  seized.  I 
was  sent  on  board  the  "Carolena"  right  after  the  seizure  and  saw  a  immher  of  dead  fur  seal 
on  deck  and  some  of  them  had  fur  on  them.     Saw  also  some  fresh  fur  seal  skins  in  the  boats. 

THOMAS  SINGLETON. 

Subscribed  and  sworn  to  before  me  this  8lh  day   of  September, 
1886  after  having  been  read  over  by  me  to  deponent. 


[SKAL.] 


ANDREW  T.  LEWIS, 

C/eri  U.  S.  Dist.  Court. 


IN  THK  UMTKI)  SI  ATKS  IJIS  fRICT  COURT  I\  .VN'l)  FOR  THE  DISTRICT  OK  ALASKA, 

I'MTF.l)  STATKS  OF  AMERICA. 


THF.  UNITKI)  STATES 

vs. 

THE  SCHOONER  "CAROLENA." 


l. 


51- 


I* 


Whereas  on  the  6tli  ilay  of  I  )ecember,  1 886,  the  .said  District  Comt  duly  made  and  entered 
in  the  journ.\l  of  said  Court  an  order  in  the  above  entitled  action  directing  that  the  testimony 
and  (lei)osiiioMS  of  the  witnesses:  C.  .\.  Abbey,  J.  C.  Cantwell,  J.  U.  Rhodes,  J.  11.  Douglass 
and  Thouia.-  Singleton  be  taken  before  mo,  the  Clerk  of  said  Court,  at  the  time  or  times  and 
place  and  U[)nn  such  notice  ns  are  specified  in  said  order : 

A'lW ///ivvyiiri' tins  is  to  certify: — That  in  pursuance  of  said  order,  on  September  7th,  1886, 
at  7  o'clock  p.  m..  each  and  all  of  the  aiiove-nami'd  witnesses  apjiear-  1  before  me  at  the 
Clerk's  oliice  of  s.iid  Cnurt  at  .Sitka,  I  )istrict  of  Alaska,  L'nited  States  i.  .America;  Tliat  M. 
D.  Hall  Ks(|.  Dist.  .Vtloniey  of  sai<l  (.'ourl  and  District  and  W.  11.  I'ayson  Escj.  aj)peared  then 
and  there  on  behalf  of  and  as  attorneys  and  proctors  for  the  l'nited  .States,  the  l.ibellant 
herein;  and  W.  (lark  l-"si|.  then  and  there  appcarcfl  on  behalf  of  and  as  attorney  and  proctor 
for  the  said  Schooner  and  her  owners;  and  |anics  ISIake  then  and  there  appeared  in  [uirsuance 
of  fiotice  >-ervL(l  upon  him. 

Tliat  I  wa^  unable  to  conijilete  the  taking  of  said  dejOTsitions  on  said  7th  day  of  September 
1886,  and  1  continued  the  taking  thereof  on  the  Sih  and  gtli  of  September  1886,  and  com- 
pleted the  same  on  said  last  named  day.  That  the  said  [)arties  by  their  said  .\ttorneys  and 
proctors  then  ana  tiiere  appeared  and  were  jiresent  on  each  of  said  last  named  days  and  at  all 
times  during  the  taking  of  said  depositions.  That  each  of  said  witnesses  was  then  and  there 
tirst  duly  cautioned  and  sworn  by  me,  that  'he  evidence  he  should  give  in  said  action,  should 
be  the  truth,  the  wlmlr  tnuli,  and  nntlnng  hut  the  trmh,  and  thereafter  each  of  said  witnesses 
was  then  and  there  examined  liefore  me,  and  1  then  and  there  took  down  the  statement  and 
fesiiniony  of  each  of  ^ai''  ^v  itne'^ses,  and  reduced  the  same  to  wri  ing  in  his  presence,  and 
then  and  I'.u  re  read  the  >anie  over  to  him ;  and  he  then  and  there,  after  the  same  had  been 
so  reduced  to  writing  and  read  over  to  him,  subscribed  the  same  in  my  [iresence,  and  swore 
to  the  truth  thereof. 

In  witness  whereof  1  have  heri  unto  set  my  hand  and  the  seal  of  said  District  Court 
this  oili  d.iy  of  September,  1886. 
[sKAi..]  AVnUEW    r.   LEWIS, 

CUrk  cj  the  V.  S.  Dittriet  L\'tiri  in  end  for  the  Distriet  of  Alaska, 

i'iiite</  States  of  Ameriea. 


23 

On  September  2oth  iSS6  loas  filed  the  folUncino-  .Inieuded  Libel 

of  Iiiformatio)i :  — 


IN  THK  I'MTKIJ  STATKS  DISTRICT  COURT  IN  AND  FOK  TIIK  DIS-rKU:!    OF  ALASK;  . 

UNri'El)  STATES  (JF  AMKKICA. 


th,  1886, 

lie  at  the 

Ihat  M. 

ared  then 

iliellaiit 

proctor 

rsuance 


id  ( 'ouit 


Auy;ust  Special   Tenii,  l88o. 

7',) ///,■  IIi).NOKAI;l.l.    I.AI  AVl.TTi:    I)A\V.-,uN, 

Jud^^e  0/  said  Distnct  Courl. 

The  amended  libel  of  information  of  M.  1).  liall,  Attorney  for  the  L'nited  States,  for  the 
District  of  Alaska,  who  prosecutes  on  hehalf  of  said  United  States  and  Ixmiil;  ]iresetit  here  in 
Court  in  his  own  proper  person,  in  thr  name  and  on  hclialf  of  tae  said  L'nited  States,  allews 
and  informs  as  follows,  to  wIl: — 

That  C.  A.  Ahhey,  an  ollicer  in  the  Re\eiuie  Marine  Service  of  the  United  States,  duly 
commissioned  by  the  President  of  the  L'nited  States,  in  cominand  of  the  United  States  Revenue 
Cutter  "Corwin,"  and  now  on  special  duty  in  the  waters  of  the  District  of  Alaska,  heretofc  re, 
to  wit  on  the  1st  day  of  Auf^ust  1S86  within  the  liniil.i  of  Alaska  Territory,  and  in  the  waters 
thereof,  and  within  the  Civil  and  judicial  District  of  Alaska,  to  wit,  within  tiie  waters  of  that 
|)ortion  of  Heliring  Sea  belonijiiig  to  the  United  States  and  said  District,  on  waters  navii;able 
from  the  sea  i)y  vessels  of  ten  or  more  tons  burden,  seized  the  Schooner  "Carolena."  her  tackle, 
apparel,  boats,  cargo  and  furniture,  being  the  property  of  some  person  or  pciions  unknriwii  to 
said  Attorney.     The  said  property  is  more  particularly  described  as  i'cillows,  to  wit: — 

I  Schooner  "  Carolena"  of  N'ictoria,  I!.  < '.,  4  canoes,  I  yawl,  carpenter's  tools,  cltick,  chron- 
ometer, nautical  instruments,  sails  and  running  gear.  2  anchors,  ropes,  twine,  oars,  paddles, 
rowlocks,  \c.,  lamps,  tanks,  provisions,  685  fur  seal  skins,  12  pup  seal  skins,  I  hair  seal  skin, 
4  ritles,  5  shot  guns,  and  ammunition  for  same,  and  all  other  property  tound  upon  or  ajsiiurten- 
ant  to  said  Schooner. 

That  said  C.  \.  .\bbey  was  then  and  there  duly  commissioned  and  .lutliorized  by  the  [iroper 
Department  of  the  United  States  to  make  said  seizure. 

That  all  of  said  property  was  then  and  there  seized  as  forfeited  to  the  United  States  for 
the  following  causes  : — 

That  said  vessel,  her  captain,  olticers  and  crew  were  then  and  there  found  engaged  in  killing 
fur  seals  within  the  limits  of  .Alaska  T'erritory  and  in  the  waters  thereof,  in  violation  of  Section 
1956  of  the  Revised  Statutes  of  the  United  States. 

That  all  the  said  property,  after  being  seized  as  aforesaid,  wa.->  brought  into  the  port  of 
(.'unalaskrt  in  said  Territory,  and  delivered  into  the  keeping  of  Isaac  .Vnderson,  a  Deputy  L'. 
S.  Marshal  of  this  District,  with  the  exception  of  the  said  nrms  and  ammunition,  which  latter 
were  brought  into  the  port  of  Sitka  in  said  District,  and  turned  over  to  the  U.  S.  .Marshal  of 
this  District  and  all  of  said  property  is  now  within  the  judicial  District  of  .Maska,  United 
States  of  .\merica. 

.■\nd  the  said  M.  D.  l!all,  .\ttorney  as  aforesaid,  further  informs  and  alleges: — 

That  on  the  1st  day  of  .\ugust,  1S80,  James  I'.iake  and  certain  other  i)ersons  whose  names 
are  to  said  U.  S.  .Attorney  unknown,  who  were  then  and  there  engaged  on  board  of  the  said 
schooner  "Carolena  "  under  the  direction  and  by  the  authority  of  James  ( )gilvie,  then  and 
there  Master  of  said  Sclux.uier,  engaged  in  killing  and  did  kill,  in  tiie  T'errilory  and  1  »istrict  of 
.\l.iska,  ami  in  the  waters  thereof,  to  wit,  20  fur  seals,  in  \  iolation  of  Section  io5()  of  the 
Revised  Statute^  of  the  United  Slates,  in  such  cases  made  and  provided. 

That  the  said  685  fur  seal  skins,  12  pup  seal  skins  and  I  iiair  seal  skin,  and  other  goods 
so  seized  on  board  of  said  Schooner  "Carolena"  constituted  the  cargo  ol  .^aid  Schooner  at  the 
time  of  the  killing  of  said  fur  seals,  and  at  the  time  of  said  seizure. 


m 

And  said  AUorncy  saith  that  all  ami  singular  the  premises  were  and  arc  true  and  wUhin 
the  Ailiniraltv  and  Marilinie  Jurisdiction  of  the  I'nited  States,  and  of  this  IIonoraMe  Court, 
and  that  by  reason  thereof,  and  by  force  of  the  .Statutes  in  such  cases  made  am'  provided,  the 
aforementioned  Schooner,  \)c\ng  a  vessel  of  over  20  tons  burden,  and  her  said  tackle,  apparel, 
iioats,  cari^o  and  furnitun;,  became  and  are  forfeited  to  the  use  of  the  United  States. 

\Vlierefore  the  said  .\ttorney  prays  that  the  usual  ])rocess  ami  monition  of  this  I  lonorable 
Court  issue  in  this  jjehalf  against  said  Schooner  and  all  said  hereinbefore  described  property 
to  enforce  the  forfeiture  (hereof,  and  requiring  notice  to  be  given  to  all  persons  to  appear  and 
show  ear se,  on  the  return  day  of  said  process  why  said  forfeiture  should  not  be  decreed;  and 
that  after  due  jiroceedings  are  had,  all  of  said  property  be  adjudged,  decreed  and  condemned 
as  lorfeiteil  to  the  use  of  the  United  States;  and  for  such  other  relief  as  may  i)e  proper  in  the 
premises. 

JJated  Sepiemlicr  2cth,  I.S86, 

M.   I).   ISALL, 
LL  S.  nisi.  Attontey  for  the  District  •■/  Ahuka. 


On   the  same  day  zoas  filed  the  folhnoing  claim   by  Proctor 

for  ozuners: 

IN  THE  VNITEU  STATES  DISTRICT  COURT  TOR  THE  DISTRICT  OF  ALASKA. 

In  Adiniraltv. 


In  the  matin-  of  the  Libel  of  Lifo/i/ia- 
tioii  a:;aiiist  the  Si-Jioo/irr  • '  Carole  net ' ' 
her  taekle,  afpa>el,  fitnuture  and 
car^o. 


C/ai/n  by  Proctor  for  Owners. 


And  now  W.  Clark  the  duly  authorized  I'roctor  for  Munzie  &  Co.  owners  of  the  property 
above  named,  intervening  for  the  interest  of  the  said  Mun/ie  .^  Co.  of  Victoria,  ]!.  C,  owners 
of  the  said  Schooner  •■  Carolena,"  her  tackle,  apparel,  lurnilure  and  cargo  as  set  forth  in  the 
libel  of  information  herein,  ajipears  before  this  Honorable  Court  and  makes  claim  to  the  said 
Schooner  "  Carolena,"  iier  lackle,  appar.l,  cargo  and  fmnilure,  as  set  forth  in  the  said  libel  of 
nilormation  and  as  the  -anie  are  attached  by  the  .Mar>lK.I  under  process  of  this  Court  at  the 
instance  of  M.  1'.  I!all  K..,,.  L'.  S.  I  )ist.  .\ttorney  for  the  District  of  Alaska. 

And  the  sai.l  \V.  Clark,  Troctoras  aforesai.l,  a.vers  that  the  said  Mun/ie  .S;  Co.  were  in  pos- 
ses>i,,n  of  the  ~,nid  Schooner  "Carolena-'  at  the  time  of  the  attachment  thereof  and  th.at  the 
said  .Mun/ie  .S:  Co.  above  named  are  the  true  and  /'oimf.te  owners  of  the  said  .Schooner  "Car- 
olena" her  tackle,  ai)parel,  carg,.  and  furniture  as  seized  by  the  .Marshal  as  af..re.said  and  that 
no  other  per.-on  is  the  owner  thereot. 

Wlniefure  he  prays  to  defend  aeeordiiigly. 

W.  CLARK. 

\\.   (    I.AKK   \    I).   A.    DlNllIIV, 

J'liHtioi  jvr  Ctainitiiits. 


25 

On  I  he  same  day  ivas  filed  the  following  denmrrei' : 

IN  THK  UNITED  STATICS  DISTRICT  COURT  KOR    THE  DISTRICT  OF  ALASKA. 


UNITED  STATES 
MUXZIE  Sc  CO.  AND  SCHOONER 


'  CARO- 


>  /  h-iiiurrrr. 


LENA." 


The  demurrer  of  Munzie  ^:  Co.,  claimants  of  the  property  proceeded  against  in  the  above 
cause,  to  the  amended  information  tiled  herein. 

1st.  The  said  claimant  hy  protestation,  not  confessing  all  or  any  of  the  matters,  in  said 
amended  information  contained,  to  he  true,  demurs  thereto  and  says  that  the  said  matters  in 
manner  and  form,  as  the  same  are  in  said  information  stated  and  set  forth,  are  not  sufficient  in 
law  for  the  L'nited  States  to  have  and  maintain  their  said  action  for  the  forfeiture  of  the  proijcrtv 
aforesaid. 

2d.  The  said  Claimants  by  protestation  deny  that  this  Court  ha.s  jurisdiction  to  determine 
or  try  the  question  hereby  put  in  issue. 

3d.  And  that  said  Claimants  are  not  bound  in  law  to  answer  the  same. 

Wherefore  the  said  Claimants  pray  that  the  said  information  may  be  dismissed  with  costs. 

W.  CI.ARK  .V  L).  A.  DINGLEV, 

Proctors  for  Claimants. 
Which  iiias  oi'errtdcd  by  the  Court. 


On  the  same  day  was  filed  the /allowing  answer . 


IN  THE  UNITED  STATES  DISTRICT  COURT  FOR  THE  DISTRICT  OF  ALASKA. 


UNITED  STATES 

vs. 

MUNZIE  &  CO.  AND  SCHOONER  "CARO- 

LENA." 


>  AitS'-.ver. 


The  answer  of  .\Iun/Je  lV  Co.,  owners  and  claimants  of  the  said  .Schooner"  Carolena,"  her 
tackle,  apparel,  furniture  and  cargo,  as  the  same  are  set  forth  in  the  information  filed  herein 
in  behalf  of  the  United  States. 

And  now  come  Munzie  iV  Co.,  Claimants  as  aforesaid,  and  for  answer  to  said  information 
against  the  said  Schooner  "Carolena,"  her  tackle,  apparel  and  cargo  as  set  forth  in  said  infor- 
mation say  that  the  said  tackle,  apparel  and  cargo  as  set  forth  in  the  information  mentioned, 
did  not  nor  did  any  part  thereof  become  forfeited  in  manner  and  form  as  in  said  information 
in  that  behalf  alleged,  or  at  all. 

Wherefore,  the  said  Claimants  pray  that  said  information  be  dismissed  with  costs  to  these 
claimants  attached. 

W.  CLARK  ^1  D.  A.  DINGLEY, 

Proctors  for  C/niiiutnts. 


26 


0)1  the  227id  day  of  September,  /SS6,  loere  filed  t/ie  follinving 

exeeptiiUis  to  aHS70cr: — 

UMTKIi    SIATKS    DISIKICT    COURT,    DISTRICT    OV    ALASKA,    CXITED    SIATKS    OK 

AMERICA. 


UNITKD  STATES 

vs. 

THE  SCHOONER  "CAROLENA." 


I 


No.  Si. 


'1  he  said  LiliellaiU  herehy  excepts  to  the  .siiltkicney  of  tlie  defendants'  answer  herein,  on 
the  fullowing  grounds: — 

1st.  Said  answer  is   not  properly  or  at  all  verilied  as  required  liy  Rule  27  of  the  U.  S. 
Admiralty  rules ; 

2nd.  Said  answer  is  not  full,  explicit  or  distinct  to  each   or  any    allegation  of  the  libel 
herein,  as  required  by  said  rule  , 

3r(l.  Said  answer  does  not  deny  or  admit  any  of  the  allegations  of  fact  in  said  libel,  but 
merely  denies  a  conclusion  of  law. 

September  2ist,  1SS6. 

M.  D.  BALL  \  \V.  1 1.  TAYSON, 

Proctors  for  Lihcllant. 


]]liieJi  exeeptions  loere  sustained  by  the  Court,  and  on  the  same 
day  7^'as  pled  the  folloicnno-  amended  answer : — 

IN  THE  UNT  TKI)  STATES  DISTRICT  COURT  FOR  THE  IHSTRICT  OF  ALASKA. 


UNITED  STATES 
vs. 
MUXZIK  S;  CO.  AND  SCHCJONER  "CARO- 
LENA." 


^  Ainendi'd  Ans'ver. 


In  Admiralty. 

/]'  ///(■  lIuNORAlil.E    LaKAYKTTK    DaWSON, 

///</;'('  (////('  r.  .S".  District  Cotirt 

for  tlic  District  of  .Maska. 

James  ISlake,  the  duly  authorized  mate  of  the  Schooner  "Carolena,"  for  Munzie  i!v;  Co., 
intervening  in  the  interest  of  and  on  behalf  of  said  Munzie  ^:  Co.,  owners  and  claimants  of 
said  Schooner  "  Carolena,"  her  tackle,  a])parel,  furniture  and  cargo  .""or  amended  answer  to 
the  libel  of  information  herein  against  said  Sthuoner,  her  tackle,  apparel,  furniture  and  cargo 
alleges  as  follows  ; — 

1st.  That  he  denies  each  and  every  material  allegation  in  said  libel  of  information  contained; 

2n(l.  1  lenies  tliat  the  said  Schooner  "  Carolena,"  her  tackle,  apparel,  furniture,  and  cargo, 
and  the  jiroperty  appertaining  thereto  as  set  forth  in  said  libel  of  information  or  any  part  thereof 
became  forfeited  to  the  I'nited  Stales; 

,^rd.  i  )enies  that  said  Scliooner,  her  Captain,  officers  and  crew  or  any  one  of  them  were 
found  engaged  in  killing  fur  seal  within  the  limits  of  .Maska  Territory  and  within  the  waters 
tlureof  in  violation  of  section  1956  of 'he  Revised  Statutes  of  the  United  .States  as  set  forth  in 
said  libel  of  information  or  at  all; 


27 

4tli.  Denies  that  they  killed  any  number  of  fur  seal  or  other  fur  iiearing  animals  within 
ilif  waters  of  Alaska  or  within  said  Territory  of  Alaska  or  in  any  part  tiiereof 

5th.  That  all  and  singului  the  premises  herein  set  forth  are  true. 

Wherefore  he  prays  that  this  Honorable  Court  will  be  pleased  to  pronounce   against  the 
liliel  herein  and  that  the  same  may  be  dismissed   with  costs  to  these  claimants  to  be  taxed. 

W.  CI..\RK  .V  1).  A.  lUNt.LKV, 

I'rortors  /or  Claimaiils. 

L'MTKD  Statics,      1    ^ 
District  of  Alaska.  (  ^  ' 

lames  151ake  being  first  duly  sworn  upon  his  oath  says : — 

I  am  the   Mate  of  said  Schooner  intervening  for  the  within-named  claimants.      That  I 
have  read  the  foregoing  answer  and  know  the  contents  thereof  and  that  the  same  is  '.rue  as  I 

verily  believe. 

JAMES  BLAKE. 

Subscribed  and  sworn  to  before  me  this  22d  day  of  September, 

A.  D.  1 886. 

ANDREW  T.  LEWIS, 

C/crJi-  of  the  U.  S.  Dist.  Court  for  the  District  of  Alaska. 


On  the  4th  day  oj    October,   /SS6,  the  folhnoing  ret     11  7i>as 
made  to  the  Monition  heretofore  cited,  page  5. 


Sitka, 


\ 


District  of  Alaska.  / 

Be  it  remembered  that,  in  obedience  to  the  annexed  monition,  I  have  attached  the  within 
described  property  and  now  hold  the  same  in  my  possession  subject  to  the  order  of  this  Hon- 
orable Court. 

And  I  have  given  due  notice  to  all  persons  claiming  said  property  to  be  and  appear  before 
this  District  Court  on  the  4th  day  of  Uciober  18S6  at  10  o'clock  a.  m.  if  the  s^.me  shall  be  a 
(lay  of  jurisdiction,  otherwise  on  the  next  day  of  jurisdiction  thereafter,  then  and  there  to 
make  their  claim  and  allegations  in  that  behalf; — 

And  I  have,  as  ordered  by  the  said  Court,  caused  said  notice  to  be  published,  and  the  same 

has  been  published  in  the  "Alaskan"  a  newspaper  published  at  Sitka  in  said  District,  on  the 

4th  day  of  September  1SS6  and  in   each  issue   of  said   newspaper  subsequent  thereto,  until 

said  4ih  day  of  ( )ctoi)er  18S6. 

)r^\\kv,,  tW^i.'^Vvi,  October  4th,  iSSb.  ,  ^„-,>rr- 

^  BARTON  ATKINS, 

Marshal,  Dist.  of  Alaska. 


On  the  same  day  was  ji  led  the  following  decree: 

IN-  THE  rXIXKl)  STATES  DISTRICT  COURT  IN  .-^ND  KOR  THK  DISTRICT'  OF  ALASKA, 

UNTTKD  STATES  OK  AMERICA. 


UNITED  Sl'ATES 


THE  SCHOONER  "CAROLENA." 


V  -^'o-  St- 


The  Marshal  having  returned  on  the  monition  issued  to  him  in  the  alH.ve  entitled  action 
that  in  obedience  thereto  he  has  attached  the  said  Schooner  "Carolena,"  her  tackle,  apparel, 
boats,  cargo  and  furniture  and  has  given  due  notice  to  all  persons  claiming  the  same  to  appear 
l,efore  this   Court  on   this  4tli  <lay  of  October    1886  at   10  o'clock  A.  M.  at  the  District  of 


28 

\lasUa,  rnitc.l  States  of  America,  llien  aii<l  there  t..  interpose  their  chiims  aiul  make  their 
alleKalions  in  thai  behalf;  ami  W,  (lark,  i's.,.,  IVuclor  for  Mutuic  .V  Co.,  of  Victoria,  I!.  (  ., 
havint;  heretofore  tiled  a  claim  to  all  of  sai.l  property  on  l.ehalf  of  said  Mun/.ic  \  (  o.,  the 
owners  of  said  jjioperly,  and  no  other  persons  having  api.eared  and  no  claims  or  allegations 
having'  l.een  made  or  filed  herein  by  any  oilier  person  or  persons,  aiul  the  usual  proclamations 
having  been  made,  and  said  cause  having  been  hear.l  upon  the  pleadings  and  proofs,  M.  I). 
Hall  Ks.i.  and  W.  11.1'avson  Ks.i.  appearing  as  advocates  for  said  lii.ellant,  and  W.  Clark 
Es,i  as  advocate  for  said  Claimants;  an.l  said  cause  having  been  submitted  to  the  Court  for 
decision,  and  due  deliberation  being  ha<l  in  the  preinises,  it  is  now  ordere.l,  sentenced  and 
dtcreid  as  follows: 

1st.  That  all  persons  whatsoever  (,tlier  than  said  ( •laimants  be  and  they  are  hereby  declared 

in  contumacy  and  ilefauh. 

2.1.  That  said  Schooner  "Caiolena"  her  tackle, apparel,  boats  and  furniture  and  her  cargo 
of  6S5  fur  seal  skins,  12  pup  seal  skins,  and  I  hair  seal  skin  and  all  other  property  found  upon 
or  appurlenaiii  to  said  Schooner,  be  and  the  same  are  hereby  condemned  as  forfeited  to  the 
use  of  the  United  States. 

3rd.  That  unless  an  appeal  be  taken  to  this  decree  within  the  time  limited  and  prescribed 
by  law  and  the  rules  of  Court  the  usual  writ  of  vriuii/ioni  exponas  be  issued  to  the  Marshal 
commanding  him  to  sell  all  the  said  property  and  bring  the  proceeds  into  this  Court  to  be  dis- 
tributed according  to  law.     Costs  to  be  taxed  are  awarded  against  said  Claimants. 

Dated  October  4lh  1886. 

LAI  AYETTE  EAWSOX, 

District  Judge. 

'  Done  in  open  CVjurt  this  4di  day  of  October  1886  at  Sitka,  District  of  Ala.ska,  United  States  of 

America. 

ANDREW  T.  EEWIS, 

"  .  Clerk. 


On  the  same  day  ivas  filed  the  folhmmig  motion  t:  set  aside 

decree. 

IN    IHK  UN'ITED  STATV.S  DISTRICT  COUR  T  FOR   I'HE  DISTRICT  OK   AI.ASKA. 


UM  TKD  STATES 

vs. 

MCNVIE    S:    CO.    AND    SCHOONER    "CARO- 

LKNA." 


Motion  to  set  its/i/c  decree. 


Now  come  W.  Clark  and  D.  A.  Dingley,  Proctors  '  ervening  for  and  in  behalf  of  the 
Claimants  herein,  and  move  the  Court  to  set  aside  the  Decree  rendered  herein  for  the  reason 
that  the  evidence  produced  on  behalf  of  the  United  States  is  wholly  insufficient  upon  which  to 

base  said  Decree. 

W.  CLARK  &  D.  A.  DINGLEY, 

Proctors  for  Claiinanls. 


I  make  tlicir 
;loria,  I!.  C, 
c  \  Co.,  llu' 
r  allej^ations 
roclamations 
HMlfs,  M.   1). 

1(1  W.  Clark 
;he  Court  for 
intcnccd  and 

eliy  declared 

ml  her  cargo 
Y  found  upon 
rfeited  to  the 

id  prescribed 

the  Marshal 

urt  to  he  dis- 


n7iic/i  motion  tms  overruled  by  tlie  Court,  and  on  the  same  day 
was  filed  the  Jolloioing  Notice  of  Appeal. 

IN  TIIK  rNITKD  STATKS  DISTRICT  COCRT  FOR  THK.  DISTRICT  oK   AI.AhKA, 


UNIIKD  STA  IKS 


\H  NZIK    it    CO.    AM)    SCHOONKR    "CARO 
LENA." 


-  Sotkc  of  A/'fical. 


\„d  now  come  W.  Clark  \  1 ).  .\.  I  )mi;ley.  IWtors  for  and  in  lahalf  of  the  daimanls 
iKTcin  and  noiify  thi.s  Honorable  Court  that  they  Ifereby  appeal  from  the  Decree  rendered 
luiein  to  the  Circuit  Court  having  appellate  jurisdiction  over  this  District  an.l  that  said  appeal 
:,  taken  upon  (luestions  of  law  and  fact,  and  pray  the  Court  for  an  order  on  its  Clerk  to  pre- 
^  ,are  a  complete  transcript  of  the  record  herein,  as  the  law  requires. 
'  •  W.  CI.AKK  cV  D.  A.  DLNCiI.EV, 

rroctors  for  Claimants. 


\VSt)X, 
'ia  Judge. 

lited  States  of 

[,K\V1S, 

Clerk. 


set  aside 


r\I,ASKA. 


behalf  of  the 
for  the  reason 
upon  which  to 

NGLEY, 
Claimants. 


On  the  gth  day  of  February,  1SS7,  was  entered  the  follozoi no- 
order  .• 


\  THI-.  MATTF.K  OF  THE  UNFI'El)  SIAIKS 


No. 


49. 


-(  IIOONER  "ONWARD," 

"THORNTON,"  "  ="■ 

"CAROLENA,"  "  51- 

'SAN  DIEC.O,"  "  5^- 

\U.MS     Si     AMMCN'ITIOX     SCHR.     SIERRA, 

No.  57. 
\R\IS  S:  AMMUNI  TION  SCHR.  Cll  V  OF  SAN 
DIEOO,  No.  58. 


In  the  above  causes,  upon  motion  of  the  Attorney  for  the  United  States  an.l  art;umeni  ui 
rounsel  for  the  United  States  and  for  the  interveners  in  said  causes,  and  consideration  by  the 
(  ..U1I,  it  is  this  day  ordered  that  writs  of  venJilioni  ,:xfo,n,s  do  issue  from  the  Clerk  of  said 
I  „urt'  to  the  Marshal  of  said  District,  for  the  sale  of  the  attached  ves.^els,  with  their  tackle, 
cnrooes  and  furniture  of  whatsoever  description,  and  of  the  arms  ;md  ammunition  .ttached  m 
>aid  causes,- And  as  to  said  attached  ve-.sels  that  li-.e  sale  of  the  same  (except  the  Schooner 
•'San  Diego,"  which  shall  be  sold  at  Sitka)  shall  be  made  at  l"ort  Townseiul  in  the  DistrK-i  o: 
Washington  Territory,  and  as  to  the  seal  skins,  part  of  the  cargoes  of  sM  vessels  attached,  ibat 
-ale  of  the  same  shall  i:e  made  at  San  Francisco  in  the  District  ni  Calilornia,  and  that  .'-ale  ^f 
■aid  Schooner  "  San  Diego,"  and  all  the  other  attached  property  be  made  at  Sitka  in  the  Dis- 
trict of  Alaska.  Thirtv  days  notice  of  such  sales  to  be  given  at  each  of  the  places  where  the 
same  are  to  be  made,  b'v  posting  such  notice,  or  by  publication  in  some  newspaper  published 
at  such  places  respectively.  And  that  said  Marshal  do  have  the  moneys  arising  from  such 
sales  together  with  the  writ  commanding  the  same,  at  a  District  Court  of  the  United  States  for 


so 

iliis,  ilic  -^aul  Ihsiiict  of  Alaska,  t<>  \>e  held  on  the  hM  Monday  in  September,  1S87,  and  tliat 
he  lliin  pay  ilic  same  to  tlu-  <'lcrk  of  said  Court. 

Ci.i;kk".s  uffick  L'.  b.  Hist.  Cm-ki,  Im.stku  r  ok  Aiaska, 

Sitka,  .U.hc//  /o,  /SS7. 
1,  Andrew  T.  Lewis,  Clerk  of  the  United  States  I»ifirict  Court  for  the  District  of  Alaska, 
do  certify  that  the  foregoing  transcript  of  the  record  in  the  case  of  the  I  niled  States  fs.  the 
Schooner  "  Carolena  "  her  tackle,  apparel,  He,  on  l.ibel  of  Information,  pending;  in  said  Court, 
has  been  compared  by  mr  with  the  original,  and  that  it  is  a  correct  transcript  therefrom  and  of 
the  whole  of  said  original  record,  except  the  full  text  of  the  exhibits  referred  to  in  the  testi- 
mony therein,  of  which  the  puqiort  only  is  >iatcd,  and  that  said  purport  of  said  exhibits  is  cor- 
rectly stated,  as  the  same  aiijiears  of  recor<l  at  my  office  and  in  my  custody. 

Witness  my  hand  and  the  seal  of  said  Court  the  day  and  year  above  written. 

[sKAi..]  ANDKIAV    r.   LEWIS, 


Sir: 


No.  16.  •    . 

Sir  L.  S.  Sackvillc  West  (o  Mr.  liayard. 

\\ashin(;i(jn.  .tu.^iiif  II.  iS^j.     [Rcc'd  Aug.  12.] 


I  liavc  the  lionor  to  inforni  yoti  that  Her  Majt-sty'.s  (lovcrnnient  have 
rc(  eivcd  a  telc;,rrani  froin  the  Commander-in-Chief  of  Her  Majesty's  naval 
fori  es  ill  the  I'a(  ifn  dated  \'i(  toria.  British  Cohimhia,  Aiii;iist  7lh,  reporting 
the  seizure  liv  I'nited  States  (misers  of  tliree  lirilish  C"oliniii)ian  sealing 
seliooners  in  IJehring's  SJa,  a  long  distan*  e  fnjm  Sitka,  and  that  several  other 
vessels  were  in  sight  being  towed  in. 

In  conveying  this  information  to  yon.  1  am  recniested  at  the  same  time 
by  the  .Mari|uis  of  Salisbury  to  state  that,  in  \iew  of  the  assurances  given  in 
your  note  of  the  ^^d  of  February  la>t.  Her  Majesty's  Covernnient  had  assumed 
that  pending  the  ( onehision  of  dis<  itssions  l>etwecn  the  two  governments  on 
general  (piestions  involved,  no  further  seizures  would  be  made  by  order  of 
the  L'nited  States  Government. 

I  have.  &:c., 

L.  s.  sac:k\'ii,le  wkst. 


Sir 


No.   17. 

Mr.  Bayard  to  .Sir  L.  S.  Sackvillc  West. 

Dki'aktment  of  Statk, 

Washing  ro-x,  Aiii:;iist  ij.  j88/. 


I  have  the  honor  to  acknowledge  the  re(eii)t  of  \()ur  note  of  the  iith 
instant,  received  yesterday  afternoon,  informing  me  of  a  telegraphic  rom- 
mimication  from  the  Commander  in  Chief  of  Her  Majesty's  Naval  Forces 
in  the  Pacific,  dated  at  Victoria,    British  Columbia,   August  7th,   reporting 


.V 


[,  and  thai 

U  /SSy. 

,{  Alaska. 
Iilcs  -'.V.  the 
Isaid  Court, 
In  111!  and  of 
In  till'  tcsti- 
liliits  is  cor- 


|:\vis, 

Clerk. 


{.    12.] 

ncnt  have 

ty's  naval 

reporting 

an  sealing 

veral  other 

same  time 
.'s  given  in 
id  assumed 
nments  on 
)V  order  of 


YEST. 


.  1887. 

r  the    I  ith 

.phic  rom- 

val  Forces 

reporting 


the  seizure  of  three  British  C'ohimbian  Sealing  Schooners  "in  Mehring's  Sea. 
a  K)ng  distance  from  Sitka."  and  that  "several  other  vt'ssels  were  in  sight 
lieing  towed  in." 

'I"he  reference  to  my  note  to  yoii  of  the  _^d  of  l'Vi)niar\  last,  witicii  \(.ii 
make  under  the  instruction  of  the  Manpiis  of  Salishin'x .  has  caused  me  to 
rxaniine  the  expressions  contained  therein,  audi  <  an  dis(  over  no  ground 
wliatever  for  the  assumption  by  Her  Majesty's  (lovernment  that  it  contained 
•osurances  "  that  jiending  the  conclusion  of  di.scussions  between  the  two 
(lovernments  on  ^'eneral  (piestions  involved,  no  further  seizures  would  be 
made  by  order  of  the  United  States  (lovernment." 

Until  your  note  of  the  iith  instant  was  reteived.  I  had  no  information 
(if  the  seizure  of  the  sealing  vessels  therein  referred  to,  and  have  no  knowl- 
edge whatever  of  the  cir(  umstances  under  which  such  seizures  have  been 
made. 

1  shall  at  once  endeavor  to  sujipK  m\self  with  t!u'  information  necessary 
to  enable  me  to  rei>lv  to  you  more  fulls. 

The  cases  of  seizme  referred  to  in  my  note  of  February  3,  icSSy.  had 
iKciirred  during  the  |)revioiis  August,  and  uiioii  the  basis  of  the  information 
then  obtained.  I  wnjte  you  as  follows  : 

"  In  this  c(jnnection  I  lake  the  occasion  10  intorm  you  thai,  without 
((inclusion  at  this  time  of  any  (piestions  whi(  h  may  be  found  to  be  involved 
in  these  cases  of  seizure,  orders  have  been  issued  by  the  President's  direc- 
tion for  the  discontinuance  of  all  pending  |)roceedings.  the  discharge  of  the 
\er5sels  referred  to.  and  the  release  of  all  persons  under  arrest  in  connection 
therewith." 

Having  no  reason  to  anticipate  any  other  seizures.  nf)thing  was  said  in 
ivlati(jn  to  the  possibility  of  such  an  occurrence,  nor  do  I  find  in  our  cor- 
re^ipondence  on  the  subject  any  grounds  for  such  an  tmderstanding  as  you 
inform  me  had  been  assumed  to  exist,  by  Her  Britannic  Majesty's  Govern- 
ment. 

A  short  time  since,  when  you  called  upon  me  and  personally  obtainetl 
copies  of  the  record  of  the  judicial  jtroceedings  in  the  three  c-ases  of  seizure 
\\\  August  last  in  Behring  Sea.  nothing  was  said  in  relation  to  other  cases. 
Whether  the  circumstances  attendant  upon  the  cases  which  you  now  rejiort 
to  me  are  the  same  as  those  whi<  h  induced  the  Executive  to  direct  the  re- 
lease.; referred  to.  remains  hereafter  to  be  ascertained,  and  this  with  as  little 
delay  as  the  circumstances  will  permit. 

I  have,  (S:c., 

T.  F.   BAYARD. 


32 

No.   1 8. 

Sir  L.  S.  Satkvil/c  JVcst  to  Mr.  Bayard. 

British  Legation, 
Washington,  Septnnhcr  2g,  18H7.     [Rcc'd  Sept.  29.] 

Sir: 

I  h;ivc-  tlif  lionor  to  inform  you  that  Her  Majesty's  Government  have 
I, eei\  officially  informed  that  the  British  vessels,  mentioned  in  your  note  of 
the  3d  of  February  last,  have  not  been  released,  and  that  I  am  instructed  to 
enciuire  the  reason  for  the  delay  in  complying  with  the  orders  sent  to  this 
efrei  t,  as  slated  in  your  above-mentioned  note. 

I  have,  iVc, 

L.   S.  S.\CKVILLr<:  WEST. 


No.  19. 

Mr.  Bayard  to  Sir  L.  S.  Sackville  West. 

Department  of  State, 

Washington,  October  ii,  iSSj. 


MR: 


I  have  the  honor  to  acknowledge  your  n(ne  of  the  29th  ultimo,  stating 
liiat  Her  Majesty's  Government  had  been  offi(  ially  informed  that  the  British 
vessels  referred  to  in  my  note  to  you  of  the  3d  of  February  last,  had  not 
been  released,  and  asking  the  reason  for  the  delay  in  comjjlying  with  the 
orders  of  the  I'Aecutive  in  that  regard. 

Upon  receiving  your  note  I  at  oiu  e  wrote  to  my  colleague,  the  Attorney- 
Cent  nl,  as  the  head  of  the  Department  of  Justice,  in  order  that  I  might  be 
enabled  to  reply  satisfactorily  to  your  cn([uiry. 

I  am  still  without  answer  frcn  nim,  which,  when  received,  shall  be 
pronipllv  comnumi(  ated  to  yo'i. 

In  the  nuantiine,  in  acknowledging  your  note.  I  take  occasion  to  state 
my  impression — that  if  the  three  vessels  seized  and  ordered  to  be  released 
have  not  been  repossessed  by  their  owners,  it  is  not  because  of  any  hindrance 
on  the  iiart  of  any  official  of  this  Government,  or  failure  to  obey  the  order 
for  release,  but  probably  because  of  the  remoteness  of  the  locality  (Sitka) 
where  thev  were  taken  after  arrest,  for  adjudication,  and  the  proceedings 
ha\  iug  been  in  )c»i,  the  owners  have  not  seen  proper  to  jjrcxeed  to  Alaska 
and  rejjossess  themselves  of  the  i)roperty  in  question. 

Accept    S'l-,  «*cc., 

T.  F.   BAYARD. 


No.  20. 
6"/;'  L.  S.  Sackvi//c  IVcst  to  Mr.  Bayard. 

WAsJiiNfiTON,  12  Octoha;  rSSy.     [Rr< M  Q.  t.   i  v] 
Sir: 

In  < oniK'clion  witli  the  ir presentation  \vlii(  h  f  was  instriK  ted  to  make  to 
\(Hi  respeetiii},'  the  sfi/.iirL-  of  the  British  Schooners  "Onward."  "('aroiina," 
and  "Thornton"  i)y  the  United  States  triiiser  "Corwin"  in  Ik-hring's  Sea. 
I  iiave  the  honor  to  inlorni  you  that  I  am  now  further  instructed  to  make 
simikir  rejiresentalions  in  the  cases  of  the  Uritish  ('olumi)ian  vessels  "drace," 
"  Dolphin,"  and  "W.  I'.  Sayward,"  seized  lately  h\  the  United  States  revenue 
(Utter  "  Ri(  haril  Ru-.li,"  and  at  the  same  time,  as  in  tlu'  (a-.es  of  the  "()n- 
waril,"  "  Carolina,"  and  " 'l'honit(jn,"  to  reserve  all  rights  to  compensa- 
tion on  behalf  of  the  owners  aiul  crews. 

I  am  also  instructed  to  ])oint  out  to  you  that  according  to  the  deposition 
of  the  mate  of  the  "  W.  P.  Sayward,"  coj^y  of  which  is  enclosed,  no  seals 
had  been  taken  bv  her  (  rew  in  liehring's  Sea  as  is  alleged  in  the  libels  of 
information  fd' ..'  on  behalf  of  the  United  States  I)istri(  t  Attorney  in  the 
District  CJourt  of  Alaska. 

I  have,  (Sec, 

L.  S.  SACKVIULE  \VF:sT. 


[  Encloscrh  in  No.  I'o.] 


Deposition  of  Aiidvcio  Lang,   tnafc  of  tJic  scJiooncr 

Savzvardy 


JV.   P. 


DKCI.AR.MIOX. 

I,  Andrew  Lang,  of  Victoria,  mate  of  the  British  schooner  "  VV.  I'. 
Sayward,"  do  solemnly  and  sincerely  declare: — 

That  I  left  Victoria,  British  Columbia,  in  the  s(-hooner  "  W.  P.  Say- 
ward" on  the  i6th  day  of  May,  1887,  bound  on  a  sealing  voyage,  with  a 
trew  of  seven  men  and  sixteen  Indian  hunters  with  eight  canoes. 

We  commenced  sealing  off  Ca])e  .Scott  on  the  north  of  Vancouver  Islaid, 
and  killed  479  fur  seals  in  the  P.icitlc  Ocean,  and  entered  the  Behring's  Sea 
on  2  July,  1887,  passing  between  Umnak  Island  and  the  Island  of  the 
Four  Mountains.  The  weather  was  very  thick  and  foggy  and  we  did  no 
sealing  in  Behring's  Sea  in  conse(iuence. 

On  the  (;th  July  we  were  captured  by  the  United  States  steamer  "Richard 
Rush"  being  then  from  30  to  40  miles  off  the  nearest  lan(.l.  We  were  taken 
in  tow  to  Ounalaska  where  we  arrived  on  the  loth  July,  and  they  laid  us 
alongside  the  steamer  "St.  Paul"  belonging  to  the  Alaska  Commercial  Co. 
They  removed  the  sealskins  and  took  them  ashore  to  the  wharf  and  ])ut. 
them  in  the  Company's  warehouse,  and  they  resalted  the  skins  with  salt 
taken  from  our  vessel.  They  put  an  officer  from  the  "  Rush"  on  board  and 
towed  us  out  to  sea  and  told  us  to  go  to  Sitka. 


Wc  iniscd  iherc  on  the  22nd  Julv  aiul  on  the  next  day  an   investigation 

was  held  iK'lore    ludgc  Dawson,  who   hound  us  over  to  appear  on  the  22nd 

\u-ust  for  trial.  "  The  vessel  was  left  in  charge  of  the  United  States  officers^. 


and  we  were  onlv   allowed  to   remove  our  i 


lothing.      The  Indians  were  left 


10  lind  their  way  home  as  they  could  ;  they  were  about  700  miles  from  their 

^"'^'^'-^•^-  •         —■-    of  the 

replied 
have  to   obev  orders,   and    take   everything   I  come 


f  further  say  that  when  we  were  taken  I  spoke  to  the   captain 
"  Rush"  and  told  him  we  had  not  taken  a  seal  in  j'.ehring's  Sea:   he 
■•  1  am  sorry   for  you, 
across  in  15ehring's  Sea."  -    ,       .  1  •      ^i 

\nd  [  make  this  solemn  declaration  hv  virtue  ot  the  .Act  passed  m  the 
:; 7th  year  of  Her  Majesty's  reign,  eiititled  -'An  Act  for  the  Suppression  ot 
\''oluntarv  and  Ivxtra-judicial  Oaths." 


A.  LANCi. 


Taken  and  declared   before  me  at  Victoria 
this  Sth  day  of  Augiist,  1S.S7. 

M.   \V.  TYRWHITT  DRAKE, 

A^otarv  Fiiblic 


No.  2 1 , 


Mr.  Inward  to  Sir  L.  S.  Sackvillc  West. 


I 


DePART.MENT  of  Sl'ATE, 

Washincton,  Octohcr  fj,  iSSj. 


MR : 


Continuing  mv  reply  to  your  note  of  the  29th  ultimo,  incpiiring  the 
reason  for  the  delav  in  complying  with  the  order  issued  in  January  last  for 
the  release  .'fr.rilish  vessels  seized -last  year  in  Behring  Sea,  I  beg  leave  to 
hiionn  von  that  I  have  this  da-  received  a  communication  from  my  col- 
league, the  Attorneys  ;eneral.  infiu-ming  me  that  his  telegram  to  the  United 
Stars  Marshal  at  Sitka,  of  January  26th  last,  ordering  the  release  of  the 
British  schooners  •■Onward."  "Carolina."  and  "Thornton,"  owing  to 
^(.me  mis<  (inception  and  mistake  on  the  part  of  the  official  to  whom  it  had 
be-'ii  iiddre^^sed.  had  not  been  acted  upon. 

A  renew.  (1  order  has  gone  forward  for  their  release— as  had  been  dis- 
tiiut'y  dii"'  led  last  Januarv-  and  which  I  had  no  reason  to  doubt  had  been 
proiiiplh  obeyed. 

In  my  note  to  von  of  the  nth  inst..  1  stated  it  to  be  my  impression  that 
no  hindrance  to  their  repos.session  by  the  owners  of  the  vessels  named 
existed.  Tiii>  imjiression.  it  now  ajipears.  was  not  well-founded;  and  as 
!iiv  obie<  I  is  to  give  you  the  fullest  information  within  my  power  in  relation 
to  all  transactions  touched  in  our  corres|)ondence,  I  hasten  to  communicate 
the  latest  report  made  to  me  from  the  Department  of  Justice. 


iiing  the 
,■  liiht  foi- 


I  take  leave  also  to  cxjiress  my  regret  that  any  tnisc-onceptioii  of  the  in- 
tentions and  orders  of  the  President  should  have  delayed  their  ]>romi)t 
execution. 

I  have,  iSic, 

T.  F.  EAYARD. 


No. 


Mr.  Bavard  to  Sir  L.  S.  Sackville  Jf'rst. 


Washington,  October  jj,  iSSy 


MR 


I  have  the  honor  to  acknowledge  your  note  of  yesterday  in  relation  to 
the  cases  of  seizure  of  the  British  schooners  "Onward,"  "Carolina."  and 
"Thornton,"  in  Behring  Sea.  by  the  United  States  revenue  vessels,  in 
August.  1886,  and  also  \uur  nistructions  to  include  by  similar  representa- 
tions the  cases  of  British  Columbian  vessels  "Grace,"  "Dolphin,"  and 
"  \V.  P.  -Sayward."  seized  by  the  I'nited  States  revenue  authorities  in 
Behring  Sea,  with  notification  that  Her  Britannic  Majesty's  Government 
reserves  all  right  to  compensation  on  behalf  of  the  owners  and  crews  of  the 
above-mentioned  vessels. 

The  affidavit  of  the  mate  of  the  "  W.  P.  Sayward"  has  been  read,  and 
the  facts  therein  stated  will  be  at  once  investigated. 

I  have,  iJcc, 

T.   F.  BAYARD. 


No.  23. 


Sir  L.  S.  Sackvii/c  I  Vest  to  Mr.  Bavard. 


W.vsHixuTOX,  Octobrr  ig,  jSSj.      [Rec'd  Oct.  21.] 


Sir: 


1  have  the  honor  to  inform  you  that  T  am  instructed  by  the  Marquis  of 
Salisbury,  Her  Majesty's  Principal  Se(  relarv  of  State  for  Foreign  Affairs,  to 
protest  against  the  seizure  of  the  Canadian  vessel  "Alfred  Adams,"  in 
Behring  seas,  and  against  the  continuation  of  similar  proc  eedings  bv  the 
Cnited  States  authorities  on  the  iiigh  seas. 

•       i       -  I  have,  iSrc, .        " 


],.   S.   SACKVn.TK   WEST. 


36 

No.  24. 

Mr.  Bayard  to  Sir  L.  S.  Sackvilie  W^^'L 

AVashington,  Oitoher  22,  1887. 


Sir 


I  liad  the  honor  to  receive  last  evening  your  noie  of  the  T9th  instant, 
conveying:  the  instruction  to  you  by  the  Marquis  of  Salisbury  that  you  should 
jM-otes't  a-ainst  the  seizure  of  the  Canadian  vessel  "Alfred  Adams"  in 
Behring's  Sea.  and  against  the  continuance  of  similar  proceedings  by  the 
UnitecrStates  authorises  on  the  high  seas;  and  1  have  the  honor  to  be,  &c., 

T.  F.   BAYARD. 


I  ; 


No.  25. 

Sir  L.  S.  Sackviilc-  IVcsf  to  Mr.  Bayard. 

Washin(;ton,  Oclohci  26,  1887.      [Rec'd  Oct.  27. j 


MK 


With  reference  to  my  note  of  the  19th  instant,  jirotesting  against  the 
seizure  of  the  British  schooner  ••Alfred  Adams,"  1  have  the  honor  to  trans- 
mit to  yf)u  herewith,  copy  of  the  report  of  the  Canadian  Minister  of  Marine 
and  Fisheries  and  other  pajr  rs  relating  thereto. 

1  have.  (S:c.. 

•  L.   S.  SACKVILLE  WEST. 


[K.NCLflM   KF.   I   IN  N'o.   25.] 

Report  of  Geo.  B.  Foster,  Canadian  A/inister  of  Marine  and 

Fisheries. 

Df.i'.mmmf.nt  ok  Fishei-mes — Canada. 

(\x\ WW.  I ^^th  September,  1887. 

With  reference  to  jirevious  corres])ondence  c(-:icerning  the  seizure  and 
anaibai,  Sealing  Vessels  by  the  United  States'  authorities  in 

id  F"isheries  begs  to  submit  for  the 
Cieneral  in   Council,  the  fol- 


deliMition 


iienn 


Can; 


U"-   Sea.    ihe  Mini>ter  ot   Marine  an 


consideration  o 
lowing  ]iapers  : 


f  His  Kx( 


.■n(  \'  the    (io\ernor 


lya)   A  letter  from  CoUe 


her  i> 


of  the   ( 'anadian    seahng   s( 
Sea  ; 


tor  Mamley.  of  \i(  toria.  B.  C.   dated   Septem- 

■>  the  seizure 
■;-;   Behring 


t.  1SS7.  eiK  losmg  certain  jiapers  n  rett  ren- 


looner 


A  If 


red 


.vdams 


0/ 


^7-] 


ic  and 


% 


(I)  The  declaration  of  William  Henry  Dyer,  of  Vi(  toria,  B.  C\.  Master 

of  the  Canadian  schooner  "'Alfred  Adams"; 
ic)  A  certificate  of  seizure   of  the    "Alfred   Adams"   signed   by  L.  (). 

Shepard,  Captain  of  the  United  States  Revenue  Steamer  "  Rush"; 
(//)  A  sealed  and  unopened  letter  directed  to    the  Cnited  States  I)istri(  t 

Attorney  and  United  States  Marshal.  Sitka.  Alaska; 
(e)  A  letter  from  Collector  Hamley,  of  Victoria,  11.  ('..  dated  July  26th, 

relating  to  the  detention   of  the  Caiiadian   s(  hooners  "Onward," 

"Carolina,'   and   "Thornton,"  seized    in  August,  1.SS6,   by  the 


United  States  Cutter  "Corwin  " 


in  Uehring  Sea  ; 


(/)  Copy  of  a  telegram  and  order  jjurixirling  to  be  from  the  United 
States  .Attorney  Cicneral  and  Judge  Dawson  respectively  relating 
to  the  release  of  the  above  named  vessels,  and 

(if)  A  letter  dated  SejUember  3rd,  1.S87.  from  the  law  firm  of  Drake, 
Jackson  (.\:  Helmcken,  of  Victoria,  (ontaining  additional  informa- 
tion relating  to  the  same. 

From  the  above  mentioned  papers  it  a[jpears  that  on  the  6th  August, 
1887,  the  Canadian  sclujoner  "Alfred  Adams,"  whilst  engagetl  in  catching 
seals  in  the  open  sea  more  than  fifty  miles  distant  from  the  nearest  land  was 
forcibly  seized  by  an  armed  vessel  of  the  United  States,  her  ships  pajjers 
taken,  he- cargo  of  seal  skins,  thirteen  humired  and  eighty-six  (1386)  in 
number,  together  with  all  her  arms,  ammunition  and  fishing  iinj)lements 
transferred  to  the  United  Slates  Cutter,  and  her  Cajttain  (jrdereil  to  jircx  eed 
with  .sealed  orders  to  Sitka,  and  to  deliver  himself,  his  vessel  and  men.  into 
the  hand  of  the  United  States  Marshal  at  that  place. 

This  treatment  of  the  "  Alfred  .\dams  "  whilst  jieaci  ablv  pursuing  her 
lawful  calling  on  the  high  seas,  is  but  a  repetition  of  tl  e  unjustifiable  seiz- 
ures of  ('anadian  vessels  made  by  the  United  States  authorities  in  Behring's 
Sea,  and  which  have  been  dealt  with  at  length  in  previous  reports  to 
Council. 

The  Minister  therefore,  does  not  consider  it  necessary  in  this  instance 
to  traverse  the  ^' round  already  so  fully  covered,  and  recommends  tliat  a  coj)y 
'<f  this  report  with  the  i)apers  attached  be  forwarded  to  Her  Majesty's  Gov- 
'"nment  for  thi'ir  eami'si;  and  immediate  ( on^ideralic^n.  and  ihat  a  cojiy 
..'-lereof  be  sent  to  the  liritish  Minister  at  Washington,  together  uitli  the 
.-  iled  letter  given  by  Captain  Shepard  to  the  Master  of  the  "Adams."  with 
die  reipiest  that  it  i)e  forwarded  to  Mr.  Secretary  Bayard.  With  reference 
;■'  ',  le  atta(  hed  papers  K.  F.  iS:  (i.,  the  Minister  ol)serve>  that  from  the  first 
.^ii)  it  appears  that  eiKjuiries  made  by  the  Collector  of  Customs  at  \'ictoria, 
B.  C,  in  July  last,  resulted  in  his  obtaining  the  infonnatiori  thai  Judge 
Dawson  had  up  to  that  date,  received  no  orde;s  for  the  release  of  the  Cana- 
dian sealing  vessels  seized  in  18S6,  that  the  >  esseis  had  not  been  sold  and 
remained  still  under  seizure,  and  that  J.;'!,'^''  lyawson.  when  (piestioned  as  to 
the  rejjort  that  a  telegram  had  been  sent  to  him  b\  the  Attorney-(  ieiieral  of 
the  United  States  ordering  the  release  of  the  vessels,  had  replied  that  he 
had  iieard  of  diis  re|)orl  before,  but  that  nothing  of  the  kind  had  reai  hed 
either  himself  or  the  United  States  Marshal  at  Siika.      Tin-  paper  marked  F. 

irv    j6th.    1887.    from    the 


•  r]) 


jrts 


'py 


h 


'7- 


bnited  States  .Vttorney-General  Garland  to  jiulge  Dawsoii  ordering  him  to 
relea.se  the  vessels  .seized  in  August  preceding,  and  of  an  orcler  founded 
thereon  from  Judge  Dawson  to  the  United  States  .Marshal  at  Sitka  bearing 
date  February  19th,  1887,  directing  him  to  "  release  the  '  I'arolina.'  'On- 
ward,' 'Thornton,'  and  'San  Diego,'  together  with  all  their  ta(  kk.  apjiarel, 


38 


skins,  guns,  amniiinition,  small  boats  and  everything  pertaining  to  said  ves- 
sels." 'I'he  third  pajjer  marked  (}.  is  a  copy  ot"  a  letter  from  the  law  firm 
of  Drake,  Jackson  i\:  Helmcken,  of  Victoria,  B.  C,  to  the  Minister  of 
Juslirc,  informing  him  tliat  they  are  advised  that  a  telegram  was  received  l)y 
judge  Dawson  from  the  United  Suites  Attorney-Cieneral  ordering  the  re- 
lease of  the  vessels  above  referred  to  ;  that  Judge  Dawson  did  issue  an  order 
act  ordingl) .  l)ut  that  he  afterwards  rescinded  the  order  on  the  assumption 
that  the  telegram  was  a  forgery  and  that  since  "no  official  letters  of  any 
s(;rt  either  conihiniiig  the  telegram  or  respecting  the  affair  has  been  received 
at  Sitka." 

The  MiiUNler  obsirves  that  if  tlie  information  conveyed  in  fclie  above- 
mention.ed  papers  is  correct,  of  whi<'h  there  appears  no  reasonable  douot, 
it  reveals  a  state  of  affairs  by  no  means  satisfactory. 

On  the  3d  of  February,  icS.Sy,  Mr.  Secretary  Bayard  informed  the  British 
Minister  at  Washington  that  "orders  have  been  issued  l)y  the  President's 
dire(  tion  for  the  discontinuance  of  all  pending  proceedings,  the  discharge 
of  the  vessels  n  '•  -crl  to  and  the  relea.se  of  all  persons  under  'i-.rest  in  con- 
nection therewitf.'  telegram  in  ac( ordance  with  Mr.  iiayard"s  com- 
munication appears  :  ve  been  sent  to  Alaska,  and  an  order  based  thereon 
to  have  been  issued  bv  ine  District  Judge,  but  to  have  been  afterwards  re- 
.scinded,  and  nt)  further  action  has  been  taken  up  to  date  of  latest  informa- 
tion. Meanwhile  the  vessels  remain  under  seizure,  the  seal  .skins  are 
forfeited,  and  the  property  of  Canadian  citizens  forcibl)  withheld  from 
them  under  cin  imistances  which  involve  very  great  loss  and  damage. 

'I'lie  Minister  further  observes  that  with  a  view  of  guiding  the  action  of 
Canadian  citizens  interested  in  sealing  in  the  northern  seas,  repeated 
atleui[)ts  were  made  previous  to  the  commencement  of  the  ])resent  season  to 
ol)iain  an  oflic  ial  expression  from  the  United  States  Covernment  of  the 
polii  y  they  i);()i)osed  to  pursue  in  their  treatment  of  foreign  vessels  sealing 
in  iieliring  Sea,  but  that  these  efforts  proved  altogether  tmavailing.  From 
Mr.  Bavard's  communii  ation  of  February  3d,  icSSy,  above  referred  to,  the 
fair  inferen(  e,  however,  was  to  be  drawn  that  until  the  cpiestion  in  disi)ute 
between  tile  two  Governments  as  to  the  legality  of  the  previous  seizures  had 
been  ihially  disposed  of,  no  f  irther  seizures  would  be  made.  And  there  is 
no  doubt  that  on  the  strength  of  tliis  coinmunication,  and  in  the  al)sence  of 
any  exjjlicit  statement  of  jjolicy  to  the  contrarv,  Canadian  citizens  did,  in 
tlie  beginning  of  the  |)re.sent  season,  embark  upon  their  customary  sealing 
expeditions  to  Beliring  Sea,  under  the  reasonable  im])ression  that  they  would 
not  be  interfered  with  by  the  United  States  authorities  so  long  as  they  con- 
du(  ted  tiieir  o])erations  in  the  open  sea;  only,  however,  to  find  their  vessels 
seized,  their  pro])erty  confiscated  and  their  ventures  completely  ruined. 

It  is  respec  thilly  submitted  that  this  conditicjn  of  affairs  is  in  the  highest 
degree  detrimental  to  the  interests  of  Canada,  and  should  not  be  permitted 
to  continue.  For  nearly  two  years  Canadian  vessels  have  been  exposed  to 
arbitrary  seizinr  and  (  onfiscation  in  the  pursuit  of  a  lawfiil  occupation  upon 
the  iiigh  seas,  and  (  anadian  citizens  subjected  to  imprisonment  and  serious 
financial  1  is.  while  an  important  and  remunerative  Canadian  industry  has 
been  threaleneil  with  absolute  ruin.  This  course  of  action  has  been  pursued 
b\  Ihiited  States  ofli(  ers  in  opposition  to  the  contention  in  the  past  of  their 
(lovermnent  in  regard  to  the  waters  in  which  these  .seiztu'es  have  taken 
place,  in  violation  of  the  I'lainest  dictates  of  International  law  and  in  the 
face  of  re])eated  ami  vigorous  protests  of  both  the  Canadian  and  British 
Ciovernments. 

The  Minister  advises  that  Her  Majesty's  Covernment  be  again  asked  to 
gi\e  its  .serious  and   immediate  attention  to  the   repeated   remonstrances   of 


39 

the  Canadian  Government  against  the  unwarrantable  a(tif)n  of  tlie  United 
States  ni  respect  to  Canadian  vessels  in  Behriiig  Sea,  with  a  view  to  obtain 
a  speedy  recognition  of  its  just  rights  and  full  reparation  for  the  losses  sus- 
tained by  Its  citizens. 

The  whole  respectfully  submitted, 

CEO.   K.    FOSTER. 

Minister  cf  Almiii,-  ,iiij  /•'is/u-rics. 


:     [F.Nl'LOSl  KE  .'   IN   No.  25.] 

Mr.  Han  I  ley  to  Mr.  Foster. 

Custom  Housf,,  \'ktoria.  26  July,  1HS7. 
Dear  Sir  : 

Captain  Carrol,  Master  of  the  American  steamer  Olvmpian  has  been 
taking  parties  of  excursionists  to  Sitka  and  I  asked  him  "to  see  the  judge, 
Mr.  Dawson,  and  find  out  something  avc  could  trast  respecting  the  "seized 
vessels.  Dawson  told  him  he  had  received  no  orders  whatever  for  the  re- 
lease of  the  vessels — they  have  not  been  sold — and  remain  as  they  were, 
under  seizure.  Captain  Carrol  told  Dawson  of  the  telegram  dated  last  Jan- 
uary, purporting  to  have  been  sent  by  Mr.  Garland,  Attornev-Genera!  at 
Washington,  in  the  President's  name,  ordering  the  vessels  to  'be  released. 
Dawson  said  he  had  heard  of  it  before  and  tliat  it  must  have  been  as  he 
termed  it,  a  "  put  up  thing,"  as  nothing  of  the  kind  had  reached  either 
himself  or  the  U.  S.  Mi.'-shal  at  Sitka. 

The  serious  i)art  is  that  our  people,  trusting  to  the  st()r\-  of  the  order  for 
release,  have  sent  13  vessels  again  this  year  to  the  .sealing  grounds.  One 
has  been  seized  already  and  if  the  others  fall  n  the  wav'cif  the  Revenue 
Cutters  they  will  probably  be  seized  also.  I  luav  perhaps  learn  something 
more  from  the  Admiral  when  he  returns  from  .Alaska,  and  if  so  I  will  write 
to  you  again. 

Vours  very  trulv. 

W.    HAMEi:V. 


[Knclosiire  3  I.N  No.  25.— Copy  of  Ti-;i.i:gham.] 


Washington,  D.  ^1.,  January  26tli,  f88~. 

'I'o  Judge  Lafayette  Dawson  and  M.   D.   I^all. 

U.  S.  District  Attorney,  Sitka.  Alaska. 
I  am  directed  by  the  President  to  instruct  _\'ou  to  discontirme  any  further 
proceedings  in  the  matter  of  the  seizure  of  the  British  vessels  "Carolina," 
"Onward,"  and  "  Thornton,"  and  disc:harge  all  ves.sels  now  held  under 
such  seizure  and  release  all  persons  that  may  be  under  arrest  in  connection 
therewith. 

A.  H.  GARLAND, 

Attorney-General. 


Eua 


I 


40 

[Encliisuhr  4  IN  No.  25 — Copy  of  Okdhk.] 

To  Barton  Atkins,  United  States  Marshal  for  the  District  of  Alaska. 

You  are  herel)\  directed  to  release  the  vessels  "Carolina,"  "Onward," 
"Timrnton,"  and  "San  Diego,"  which  were  seized  in  Behring  Sea  for 
violation  of  section  (1956)  U.  S.  Statutes,  togetlier  with  their  tackle, 
apparel.  .i/vV/.c  guns,  amnuuiition,  small  boats,  and  everything  pertaining  to 
said  vessels  this  19th  day  of  February.  iSSy. 

I -AFA V1:TTE  DAWSON, 

District  Jutlgc,  District  of  Alaska. 


[  F.N'CI.OSl'KH  5  IN  No.  25.] 


Mr.  Hamlcv  to  Mr.  Foster, 


Custom  House,  Victoria,  /  September,  1887. 
Sir: 

On  the  7th  of  August  the  Master  of  the  I'nited  States  Revenue  Cutter 
"Rush"  seized  in  Behring  Sea,  60  miles  from  any  land,  the  Canadian 
schooner  "Alfred  Adams."  Her  register,  clearance,  guns  and  ammunition 
and  the  seal  skins  she  had  taken,  1386,  were  all  taken  from  her  and  the 
vessel  herself  ordered  to  Sitka.  No  one  from  the  revenue  Cutter  was 
put  on  board  by  Capt.  She])ard,  and  the  Master  of  the  "Alfred  Adams," 
instead  of  going  as  he  was  ordered  to  Sitka,  returned  to  Victoria,  aiTiving 
here  Aug.  31.  I  forward  the  Master's  deposition  before  a  Notary  Bubbc, 
and  what  Capt.  Shei)ard  is  ])leased  to  term,  a  cerlificate  of  the  schooner's 
seizure,  bv  himself.  Mr.  Drake,  a  Solicitor,  is  at  Sitka  waiting  for  the  ca.ses 
to  ])e  heard  in  Court.  The  trial  was  delayed  for  the  arrival  of  the  "Rush," 
and  she  was  expected  bout  the;  beginning  of  this  month.  Mr.  Dvake  will 
no  doubt  report  to  the  Minister  of  Justice. 

I  have,  &(■., 


W.   HAMLE, 


%■ 


I  also  enclose  a  sealed  letter  addressed 
Attorney  and  United   States   ^larshal   at 
"Alfred  Adams"  brought    down  with  him 
anv  wav  vou  think  fit. 


by  Capt.  She])ard  to  the  District 
Sitka,  which  the  Master  of  the 
and  whicii  you  can  deal  with  in 

W.  HAMLEY. 


[F.NCI.OSIHE  6  IN  No.  25.] 

Certificate  of  Seizure  of  the  "  Alfred  ^Idanis.'' 

U.  S.  Revenue  Stk.vmek  "  Rush," 

Behring  Se.a,  August  6,  1887. 
To  Whom  11  M.av  Concern: 

This  will  certify  that  I  have  this  day  seized  the  British  schooner  "Alfred 

Adams,"   of  Victoria,    M.    C,  Capt.  W.  H.  Dyer,  Master,  for   violaticMi   of 

law,   ami   have  taken  charge  of  his  ship's  papers,  viz. :    Register,  shijjping 

articles,  clearance,  bill  of  health  and  k)g  book;  also  her  arms  and  seal  skins. 

Very  respectfully, 

U.  G.  SHEPARD, 

Captain  U.  S.  Ji.  M. 


41 


[Enclosure  7  in  No.  25.] 

1)1  the  Matter  of  the  Seizure  of  the  Sea/ini:;  Sehooner  ''  A  If  red  Afanis 
United  States  ReTe/iue  Cutter  "  Ric hard  J\ii sit.'" 


/'!■  the 


'  Public, 
hooner's 
tilt;  cases 
"Rush," 
)vake  will 


I,  William  Henry  Dyer,  of  \i(  t(<ria.  1!.  (.'.,  Master  Marinir.  du  S(  leninly 
and  sincerely  declare  that — 

I.  I  am  the  Master  of  the  schooner  "Alfred  Adams."  of  the  port  ol 
Victoria,  British  Columbia,  engaged  in  the  business  of  catching  seals.  On 
the  6th  of  August,  1S87,  while  on  board  the  said  schooner  and  in  command 
of  the  same,  being  in  latitude  54^  48' north,  and  longitude  167°  49'  west, 
the  United  States  Revenue  Cutter  "Richard  Rush"  steamed  alongside, 
lowered  a  boat  commanded  by  the  First  Lieutena.iit  and  jjoat's  crew.  The 
said  Lieutenant  came  on  board  the  said  "Alfred  Adams"  and  ordered  me 
to  take  the  ship's  register,  log  book,  articles  and  all  others  of  the  ship's 
])apers  on  board  the  "  Rictiard  Rush."  In  obedience  to  his  conmiand  1 
took  all  said  pajjers  and  accom])anied  the  said  Lieutenant  on  board  the 
"Rush."  When  I  arrived  on  board  the  "Rush"  the  Cajjtain  of  the 
"Rush"  asked  me  what  was  my  business  in  the  F5ehring  vSea.  1  replied, 
taking  seals.  He  encjuired  how  many  skins  I  had;  I  replied,  i,^<S6.  He 
then  said  he  would  seize  the  ship^  take  the  skins,  arms,  ammunition  and 
spears.  1  stated  I  did  not  think  the  ship  was  liable  to  seizure  as  we  had 
never  taken  a  seal  within  60  miles  of  Ounalaska  nor  nearer  St.  Paul's  than  60 
miles  south  of  it,  and  that  we  had  never  been  ui.'tified  that  the  waters  were 
prohibited  unless  landing  and  taking  them  from  the  island  of  St.  Paul.  He 
stated  he  must  obey  the  orders  of  his  (rovernment,  and  that  oiu"  Covern- 
ment  and  his  must  settle  the  matter,  and  ordered  me  to  jjroceed  on  board 
the  said  schooner  and  deliver  up  my  arms,  ammunition,  and  skins  and 
si)ears.  He  sent  two  boats  belonging  to  the  "  Rush."  in  charge  of  the  Lirst 
and  Second  Lieutenants  of  the  "Rush'  respectively,  and  manned  with 
sailors  from  the  "  Rush."  who  came  on  board  the  said  schooner.  (I  re- 
turned in  company  with  the  I'irst  Lieutenant.)  They  took  from  the  said 
schooner  1386  (thirteen  hundred  and  eighty-six)  skins,  4  kegs  powder  (3 
triple  F  and  i  blasting  powder),  500  shells,  3  cases  caps  and  primers,  9 
breach-loading  double-barreled  shot  guns,  i  Winchester  rifle,  all  in  good 
order,  and  12  Indian  spears,  and  he  then  gave  me  a  sealed  letter  addressed 
to  the  United  States  Marshal  and  U.  S.  District  Attorney  at  Sitka.  He 
also  gave  me  an  acknowledgement  of  the  goods  taken,  and  also  gave  me  a 
certificate  that  the  said  schooner  was  under  seizure,  and  after  being  along- 
side for  about  3IJ  hours  I  received  orders  in  writing  to  proceed  to  Sitka  and 
report  to  the  United  States  District  Attorney  and  Marshal.  We  then  parted 
( om])any.  My  crew  consisted  of  msself.  mate.  2  seamen,  i  Chinese  cook 
and  21  Indians.  Previous  to  the  said  seizure  we  had  spoken  the  schooner 
"Kate,"  of  Victoria,  and  had  been  informed  by  the  mate  of  that  vessel  that 
the  crews  (and  jjarticularly  the  Indians)  taken  to  Sitka  on  schooners  ])re- 
viously  seized  had  been  very  badly  treated.  The  Indians  became  very 
mutinous  on  learning  that  we  were  to  proceed  to  Sitka  and  rejiort  to  the 
United  States  authorities  and  declared  they  would  not  go  to  Sitka,  and  to 
avoid  trouble  I  came  to  Victoria  instead  of  going  to  Sitka.  I  arrived  in 
Victoria  on  the  31st  of  August,  1887,  at  about  7  p.  m. 

And  I  make  this  solemn  declaration  conscientiously,  believing  the  sam.e 
to  be  true,  and  bv  virtue  of  the  (^aths  Ordinance,  1869. 

W.  H.   DYER. 

Declared  before  me  this  isl  clay  of  September,  A.  I).  1887,  at  Vic- 
toria, liritish  Columbia.  H.  1)AI:LA.S  IJF.l.MCKKX, 

A  A'ohiry  Public  in  and  for  the  Pnn'ince  of  British  Columbia. 


42 

[KncLIISI'RF.  3  IN  No.  25.] 

Messrs.  Drake,  Jackson  and  I Iclnicken  to  Mr.  'riiompson. 

ViciokiA,  H,  C,  September  J,  18S7. 
Sir: 

Wc  have  the  lioiior  to  inform  yon  that  we  are  in  receipt  of  a  letter  from 
our  Mr.  Drake  written  from  Sitl<a,  under  date  Auji;ust  25th  in  which  he 
states  that  a  teie^^rani  was  received  at  Sitka,  relative  to  the  Schooners  seized 
last  year.  iVom  tlie  United  States  Attorney  CJeneral-Clarland  directing  their 
release  and  di.sc  liarge  of  the  men.  The  Judge  gave  an  order  accordingly 
whicii  was  afterwards  rescinded  on  the  assumption  that  the  telegram  was  a 
forgery.  No  official  letter  of  any  .sort  either  confirming  the  telegram  or 
respt  '.ng  the  affair  has  been  received  at  Sitka.  The  schooners  now  seized 
and  at  Sitka  are  the  "  .\nna  I?eck,"  "  W.  P.  Sayward,"  "Dolphin,"  and 
"(Jrace."  The  "Alfred  Adams"  was  al.so  seized.  The  trial  of  the  pre- 
sent men,  Mr.  Drake  states,  would  not  take  place  until  after  the  arrival  of 
the  Revenue  Cutter  "  Rush  ;"  also  that  judging  from  the  past  and  the  views 
held  l)v  the  ("oiu't  the  result  would  most  ])rol)al)ly  be  the  same  and  urges 
that  immediate  ste])S  should  be  taken  to  prevent  the  imprisonment  of  the 
Masters,  and  that  he  would  obtain  dec  larations  fron^  the  Masters  duly  certi- 
fied, and  enter  a  ])rotest  at  the  trial.  The  "Rush"  was  not  expected  at 
Sitka  until  yesterday. 

Regarding  the  seizure  of  the  "Alfred  Adams,"  we  have  to  state  that 
that  .schooner  has  arrived  here  safely.  The  declarations  of  her  Captain, 
Capt.  Dyer,  and  his  men  have  been  duly  taken,  which  her  owners,  Messrs. 
Guttman  and  Frank,  of  this  City  yesterday  handed  to  Hon.  Mr.  Stanley, 
Ct)lle(  tor  of  Customs,  together  with  a  sealed  letter  which  the  commander  of 
the  "  Rush"  handed  to  Captain  Dyer  to  be  delivered  to  the  District 
Attorney  at  Sitka.  These  ])a])ers  no  doubt  Mr.  Stanley  has  already  for- 
warded to  the  [jroper  Department. 

We  have  since  forwarded  a  coi)y  of  this  information  to  ihe  Right  Hon- 
ori'.ble  Sir  John  .\.  Macdonald,  K.  C.  B.,  \:c. 
,     We  have,  (S:c., 

DRAKE,  JACKSON  &  HELMCKEN. 


[l'".Nti.iisri;i-;  y  in  Xd.  25.] 

Mr.  Biirbidoc  to  Mr.  Hardie. 

Department  ok  Justice — Canada. 

C)  iTAWA,  1 2th  September,  18S7. 
Sir: 

1  have  the  honor  to  enclose  for  your  information  a  copy  of  a  letter 
whi(  h  has  been  received  by  the  Minister  of  Justice  from  Messrs.  Drake, 
Ja<  kson  ..V  Helmcken  in  which  they  report  with  reference  to  the  sealing 
vessels  whicii  have  been  seized  in  the  Ikhring  Sea  by  the  United  States 
authorities. 

1  am  to  state  that  the  Minister  of  Justice  has  taken  no  action  with  re- 
spec  t  to  this  communication,  but  that  he  is  of  the  opinion  that  the  Minister 
of  Marine  and  Fisheries  should  at  his  earliest  convenience  take  .steps  to 
communic  ate  the  substance  thereof  to  the  Colonial  Office  and  to  the  British 
Minister  at  Washington. 

I  have,  &c., 

GEORCE  W.   HURHIDGE,  D.   M.  J. 


f>son. 

887. 

ter  from 
.vliich  he 
IS  seized 
ng  their 
ordingly 
.111  was  a 
'gram  or 
w  seized 
n,"  and 
the  pre- 
irrival  of 
the  views 
nd  urges 
nt  of  the 
dy  certi- 
)ected  at 

itate  that 
Captain, 
i,  Messrs. 
Stanley, 
nander  of 
■  District 
eady  for- 

ght  Hon- 


KEN. 


v. 

1887. 

of  a  letter 
■s.  Drake, 
he  sealing 
ited  States 

1  with  re- 
e  Minister 
e  steps  to 
the  British 


M.  J. 


PART     II. 


PRIOR    CORRESPONDENCE    RELATIVE    TO  THE    RIGHTS  OF  THE 

SOVEREIGN   OF  ALASKA. 


It  is  evident  that  whatever  riL^hts  the  United  States  have 
over  the  Territory  of  Ahiska  and  the  waters  adjacent  thereto 
have  been  derived  from  Russia.  It  is  necessary,  therefore, 
to  trace  the  history  of  the  relation  of  the  United  States  to  the 
Russian  possessions  on  that  coast  prior  to  the  cession  of 
Alaska  to  the  United  States  in  1S67.  The  followin^r  papers 
and  extracts  tend  to  explain  that  relation. 

No.  26.  . 

Mr.  Polctica  to  Mr.  Adams. 

[I'KANSLA-iroN.  ] 

WASHiN(;TON,y;?wcr/;'rjC).  [Feb.  II,]  /6'22. 

The  undersigned,  envoy  extraordinary  and  minister  plenipotentiary  of 
His  Majesty  the  Emijeror  of  all  the  Russian,  in  consequence  of  orders  which 
luivc  lately  reached  him,  hastens  herewith  to  transmit  to  Mr.  Adams.  Secre- 
tary of  State  in  the  Department  of  Foreign  Affairs,  a  printed  (  o])y  of  the 
regulations  adopted  by  the  Russian-American  Comiany.  and  sani  tioned  by 
Mis  Imperial  Majesty,  relative  to  foreign  commerce  in  the  waters  bordering 
the  establishments  of  the  said  company  on  the  northwest  coast  of  America. 

The  undersigned  conceives  it  to  be,  moreover,  his  duty  to  inform  Mr. 
Adams  that  the  Imperial  Government,  in  adoi)ting  the  regulation,  supiioses 
that  a  foreign  ship,  which  shall  have  sailed  from  a  European  port  after  the 
ist  of  March,  1822,  or  from  one  of  the  ports  of  the  United  States  after  the 
rst  of  July  of  the  same  year,  cannot  lawfully  i>retend  ignorance  of  these 

new  measures. 

The  undersigned,  &c., 

PIERRE  DE  POLETICA. 


44 

(  En<  l.nslPd.   I    IN    N(i.   id.  \ 

F.did  oj  //is  /niperial  Majesty,  Autonat  of  all  tin-  Russias. 

The  l)irectin}j  Senate  maketh  known  unto  all  men: 

Wlioreas  in  an  edict  "f  Mis  Imperial  Majesty,  issued  to  the  Directing,'  Senate  on  the  4th 
day  of  September,  and  .ligned  \)S  His  Majesty's  own  hand,  it  is  thus  expressed: 

"Ohservinj,',  from  rep<^jrt.s  submitted  to  us.  that  the  trade  of  our  suhjects  on  the  Ale;  'an 
islands,  and  on  the  nonhvvest  coast  of  America,  appiTtainini;  unto  Russia,  is  sunject,  because 
of  secret  and  illicit  trattic,  lo  oppression  and  impediments;  and  lindinj;  that  the  i)nncipal 
cause  of  these  flit'ticulties  is  the  want  of  rules  establishinf;  the  boundaries  for  navij;ation  aloft; 
these  coasts,  and  the  order  of  naval  communication,  as  well  in  these  places  as  on  the  whole 
of  the  eastern  coast  of  Siberia  and  the  Kurile  Islands,  we  h.ive  deemed  it  necessary  to  deter 
mine  these  cnmmunicatioiis  by  specific  re^;ulations,  which  are  hereto  attached. 

"  In  forwardint;  these  re;;ulaiions  to  the  I  (irccliiij,'  Senate,  we  command  that  the  same  be 

published  for  universal  information,  and  thai  the  proper  measures  be  taken  to  carry  them  into 

execution." 

COUNT  D.  (J U KIEF, 

A/inistcr  of  Finances. 

It  is  therefore  decreed  by  the  iJirectinf;  Senate  that  His   Imperial  Majesty's  edict  be  pub- 
lished for  the  information  of  all  men,  and  that  the  same  be  obeyed  by  all  whom  it  may  concern. 
[The  original  is  signed  by  the  Directing  Senate.] 
Printed  at  St.  I'etersburg.     In  the  Senate,  Se|)temi)er  7,  1821. 
[( )n  the  original  is  written,  in  the  handwriting  of  His  Imperial  Majosty,  thus:] 

He  it  accordingly, 

ALEXANDER. 
K  AMI.N.NMY  0<<1KOVV,  September  ^,  /^2i. 


[Enxlo?;i-kh  II  IN  N( 


26. 


Kiilts  t'stiil'lishid  for  the  limits  of  navigation  and  order  of  eoiitiiiiinica/ion  a/onj;-  the  coast  oj 
the  Eastern  Siberia,  the  northiue stern  coast  of  America,  and  the  Aleutian,  Kurile,  and 
other  islands. 

SlCi:.  I.  The  pursuits  of  commerce,  whaling,  and  lishing,  and  ol  all  other  indu.stry,  on  all 
islands,  ports,  and  gulfs,  including  the  whole  ot  the  northwest  coast  of  America,  beginning 
from  lichring's  Strait  to  the  tifty -l"rr>t  degree  of  northern  latitude,  also  from  the  Aleutian 
islands  to  the  eastern  coast  of  SiL/eria,  as  well  as  along  the  Kurile  islands  from  ISehring's 
Strait  to  the  south  cape  of  the  island  of  Urup,  viz.,  to  45°  50'  northern  latitude,  are  exclu- 
sively granted  to  Russian  subjects. 

Si'.c.  2.  It  is  therefore  prohibited  to  all  foreign  vessels  not  only  to  land  on  the  coasts  and 
islands  Ijelonging  lo  Ku.ssia,  as  stated  alxjve,  but  also  to  approach  them  within  less  than  a 
hundred  Italian  miles.  The  tran.sgressor's  vessel  is  sui)ject  to  confiscation,  along  with  the 
whole  cargo. 

Sec.  3.  An  exception  to  this  rule  is  to  be  made  in  favor  of  vessels  carried  thither  by  heavy 
gales,  or  real  want  of  provisions,  and  unable  to  make  any  other  shor».;-5  but  such  as  belong  to 
Russia;  in  these  cases,  they  are  obliged  to  produce  convincmg  proofs  of  actual  reason  for 
such  an  exception.  Ships  of  friendly  governments,  merely  on  discoveries,  are  likewise  exempt 
from  the  foregoing  rule  (section  2).  In  this  case,  however,  they  must  previously  be  provided 
with  passports  from  the  Russian  Minister  of  the  Navy. 


on  the  4th 

e  Alev.'''an 
ct,  IjL'causc 
e  principal 
uion  ak)|^ 
the  whole 
■y  to  deter- 

he  same  be 
I  them  into 

EF, 


iict  lie  pub- 
y  concern. 


NDER. 


the  coast  oj 
Viirilc,  and 

ustry,  on  all 

1,  beginning 
he  Aleutian 
m  I'ehring's 

2,  aie  exclu- 

e  coasts  and 
1  less  than  a 
ng  with  the 

ler  by  heavy 
as  belong  to 
d  reason  for 
wise  exempt 
be  provided 


45 

No  27. 

Mr.  .'h/aws  to  Mr.  Polctica. 


DkI'ARIMENT    ok    STA  IK, 

VVASHINfJiON,  Fi'hruary  2^,.  1822. 


Sik; 


I  liavc  the  honor  of  receiving,'  vour  note  of  tlic  i  ith  irstant,  cnclosiiiif  a 
printfd  (O])}'  of  the  regulations  adopted  I)y  the  Russian  Anerican  ("onipaiiv. 
and  sanctioned  by  His  Inijierial  Majesty,  relating  to  the  coninien  e  of  for- 
eigners in  the  waters  bordering  on  the  establislinients  of  that  compaMy  ujion 
the  northwest  (-oast  of  Anieri<  a. 

1  am  directed  l)y  the  President  of  the  United  Stall's  to  inform  \(Ui  tliat 
he  has  seen  with  siiri)risc,  in  tiiis  edic  t.  the  assertion  of  a  territorial  claim 
on  the  ])art  of  Russia,  extending  to  the  fifty-hrst  degree  of  north  latitude  on 
this  continent,  and  a  regulation  interdiiting  to  all  commercial  vessels  other 
than  Russian,  upon  the  penalty  of  seizure  and  confiscation,  the  approach 
upon  the  high  seas  within  one  hundred  Italian  miles  of  the  shores  to  which 
that  claim  is  made  to  apply.  'The  relations  of  the  United  States  with  His 
Imperial  Majesty  have  always  been  of  the  most  friendly  character  ;  and  it  is 
the  earnest  desire  of  this  (lovernment  to  jireserve  them  in  that  state.  It 
was  exjjected,  before  any  act  which  should  define  the  boundary  between  the 
territories  of  the  Unitt.'d  States  and  Russia  on  this  continent,  that  the  same 
would  have  been  arranged  by  treaty  between  the  jiarties.  To  exclude  the 
\essels  of  our  citizens  from  the  shore,  beyond  the  ordinary  distance  to 
which  the  territorial  jurisdiction  extends,  has  excited  still  greater  surjirise. 

This  ordinance  affects  so  deeply  the  rights  of  the  United  States  and  of 
their  citizens,  that  I  am  instructed  to  in(|uire  whether  you  are  authcjrized  to 
give  explanations  of  the  groimds  of  right,  upon  princiitles  generally  recog- 
nized by  the  laws  and  usages  of  nations,  which  can  warrant  the  claims  and 
regulations  contained  in  it. 

I  avail,  (!v:c., 

JOHN  QUINCY  ADAMS. 


No.  28. 


Mr.  Polctica  to  Mr.  Adams. 

Mr.  Poletica  replied  on  the  28th  of  the  .same  month,  and  after  giving  a 
summary  of  historic  al  incidents  which  seem-d  to  him  to  establish  the  title  of 
Russia  to  the  territories  in  iiuestion  by  first  discovery,  said— 

"I  shall  be  more  succinct,  sir,  in  the  exposition  of  the  motives  which 
determined  the  Imperial  Government  to  prohibit  foreign  ve.ssels  from  approach- 
ing the  northwest  coast  of  America  belonging  to  Russia  within  the  distance 


46 

of  ill  K';isl  oiif  liiiiidrid  Italian  iiiilrs.  This  inr.isiirc  luiwrvrr  si-vrrc  it  i:iay 
at  liiM  appear,  is,  aflcr  all,  hut  a  nuasiiic  of  iiri'vciitioii.  It  is  L-xcliisiwly 
(liivi  tL'cl  a^Minst  the  ciilpaMc  (.mi tcij irises  of  lorci^ii  adventurers,  who,  not 
content  with  exercising  upon  the  coasts  ahove  ini'nlioiied  an  illi(  it  trade  ver\ 
pr'jiKlicial  to  i!ie  ri,i,dus  reserved  eiilirely  to  the  Russian  A;neri(  an  Company, 
take  upon  them  ln>ides  to  furnish  arms  and  ammunition  to  the  luUivos  in  the 
Russian  possessions  in  Aineri(  a,  e\(  itin.g  them  likewise  in  every  manner  to 
resist  and  revolt  aj^'ainst  the  authorities  there  established. 

'•'I'lie  American  (iDvernuunt  doubtless  rei  oIle(  Is  that  the  irregular  con- 
dui  I  ol  these  ad\enlmers.  llu'  majoritv  of  w  hom  was  ((imposed  of  Ameri<  an 
citizens,  has  been  the  obje(  t  of  the  most  pressing  remonstranies  on  the  part 
of  Russia  to  the  Federal  Ciovernment  from  the  lime  that  diplomatic  missions 
wore  organi/.etl  between  the  countries.  These  remonstrances,  repeated  at 
different  linns,  remain  coiistanllv  without  effe(  t.  and  the  incon\erMcn(  es  to 
wlii(  h  thev  ouglil  lo  bring  a  renuwh  <  (lutinue  to  iiK  rease.      '■'•     ■'•'     '■'' 

•'I  ought,  in  the  last  phu  e,  to  re(iuest  you  to  consider,  sir,  that  the 
Russian  possessions  in  the  I'acil'ic  ( )cean  extend,  on  the  northwest  coast  of 
America,  from  ISehring's  Strait  to  the  fifty-first  degree  of  north  lattitude.  and 
on  the  opposite  side  of  .\sia.  and  the  islands  adjaieiil.  from  the  same  strait 
to  the  lorty  fifth  degree.  The  eMent  of  sea.  of  wliidi  these  iiosst'ssions  torm 
the  limits,  comprehends  all  the  (  (indilions  whi(  h  are  ordinarily  attached  to 
-v/'/c/' .V(V/.v  (mers  fermces),  and  the  Ru.ssian  (Jovernmc'nt  might  conse<|nently 
juilge  itself  aulhori/ed  to  exer(  ise  upon  this  sea  the  right  of  sovereign  and 
esjiec  iallv  that  of  entirely   interdicting  the  entrain  e  of  foreigners.  it 

preferred  onlv  asserting  its  es.seinial  rights,  without  taking  any  advaiuage  of 
localities." 


No.  29. 


J/}'.   .  I  dams  to  Mr.   Pohiica. 


Sir; 


Dei'Art.men']'  ov  Sf.vrE, 

Wa-hi\(;ton,  March  jo,  1822. 


I  ha\e  had  the  honor  of  receiN  ing  your  letter  of  the  2Sth  ulliino,  which 
has  lueii  siiiimitted  to  the  <  oiisicii  ration  of  the  I'resident  of  the  United  States. 

From  the  de'hiction  which  it  contains  of  the  grounds  upon  which  articles 
of  regulation  of  the  Russian  American  Companvhave  now,  for  the  first  time, 
extended  the  claim  of  Russia  on  the  northwest  coast  of  America  to  the  fifty- 
first  degree  of  iiorlh  latitude,  its  oid\-  foundation  apjiears  to  be  the  existence 
of  the  small  seltlemenl  of  Novo  .\rchangelsk.  situated,  not  on  the  .\inerican 
continent,  but  upon  a  small  island  in  latitude  57";  and  the  prin(  iple  upon 
which  you  state  that  this  (  laim  is  now  advaiK  eil  is.  that  the  fifty-first  degree 
is  ecjuidistant  from  the  settlement  of  Novo  Archangelsk  and  the  establishment 
of  the  United  States  at  the  mouth  of  the  Columbia  river.      Hut,  from  the  same 


47 


vcic  it  I. lay 
cxcliisivt'lv 

.  who,  lint 
t  tradr  very 

(■(imiiany, 
tivi's  in  the 

inaiiiUT  to 

L'^'iilar  con- 
f  Amcrif  an 
on  tlu'  jiart 
ir  missions 
•r|icatiMl  at 
cnicni  cs  to 
•1- 

r,  thai  the 
est  coast  of 
titiide.  and 
same  strait 
ssioiis  form 
iittaclied  to 
)nse(|uently 
.'iii'i'  and 
rs.  it 

Ivaiiicige  of 


),  r822, 

no,  which 
:i.\  States, 
h  articles 
lirsl  time, 

the  fifty- 
existence 
American 
i|tle  upon 
-St  degree 
ilishment 

the  same 


statement,  it  a|i|»ars  tiial,  in  the  u.n-  17.)!),  the  limits  prixrilied  li)  the 
i;iii|nnH-  I'aiil  t(p  the  RiiN^iaii  Amerii.in  (  oinpaiiv  were  fisid  it  tlie  tiftv-fifth 
decree  of  latitude,  and  that,  in  assiimin;^  imw  tlie  latitude  57  '.  a  new  |-reien- 
-i.in  is  asserted,  to  which  no  settleiiuMU  made  ^ime  the  sear  1799  lia>.  -iven 
ilu'  color  of  a  sanction. 

'I'liis  pretension  is  to  lie  (diisidered  not  oiily  w  ith  relereiu  e  to  the  (luotion 
(if  territorial  riglit,  Imt  also  to  that  proiiil.itioii  to  tlu  \-essels  of  other  nations, 
in(  liidinj,'  those  of  the  liiited  Slater,  to  ap|iroa(  h  within  one  litindreu  Italian 
miles  of  the  coasts.  I'Voin  the  period  of  the  existence  if  the  I'nited  States 
,is  an  independent  nation,  their  \essels  have  freely  navigated  those  seas,  and 
ihe  right  tf)  navigate  them  is  a  jiart  of  that  independence. 

With  regard  to  the  suggestion  that  the  Russian  Ciosernmenl  mi^lit  have 
justified  the  exercise  of  sovereignty  o\er  the  i'ac  ific  ( )(  ean  as  a  (lose  sea  he- 
(  ause  it  claims  territory  both  on  its  .\inerican  and  Asiatii  shores,  it  inav  >iiffic<' 
to  say  that  the  dislame  from  shore  to  shore  on  this  sea.  in  latitude  51^  north. 
is  not  le.ss  than  ninety  degrees  of  longitude,  or  toiir  thousand  miles. 

As  little  can  the  L'nited  States  a<  (  ede  to  the  justi(  e  of  the  rt'asoii  assigned 
for  the  prohiliition  above  mentioned.  The  right  of  the  <  iti/eiisof  the  L'nited 
St.ites  to  hokl  < ommene  with  the  aboriginal  natives  of  the  northwest  coast 
of  America,  without  the  territorial  juriidictioii  of  other  nations,  even  in  arms 
,ind  munitions  of  war.  is  as  (  lear  and  iiidis|)Ul:ilile  a^  that  of  luuigating  the 
■^eas.  'i'liat  right  has  never  been  exercised  in  a  s])irit  uiilViendly  to  Russia; 
mm\  although  general  complaints  have  (jccasioiiall)'  been  made  on  thesnbjei  t 
of  this  commerce  by  .some  of  your  predecessors,  no  spec  in<;  ground  of  charge 
has  ever  been  alleged  by  them  of  any  transactioti  in  it  whi<  li  the  United 
States  were,  by  the  ordinary  hiws  and  usages  of  nations,  liound  either  to  re- 
^train  or  to  punish.  Had  any  such  <  liarge  been  made,  it  would  have  received 
the  most  pointed  attention  of  this  (iovernment.  with  the  >incerest  and  firmest 
disposition  to  perform  every  act  and  obligation  of  justice  to  yours  which  could 
have  been  refpiired.  I  am  commanded  by  the  President  of  the  United  States 
to  assure  vou  th;it  this  disjiosition  will  continue  to  be  entertaine<i.  togecher 
with  the  earnest  desire  that  the  most  harmohioiis  relations  between  the  two 
countries  may  be  preserved. 

Relying  upon  the  a.ssnrance  in  your  note  of  similar  disjjositions  recipro'  ally 
entertained  by  His  Imjierial  Majesty  towards  the  L'nited  States,  the  President 
IS  persuaded  that  the  cili/eiis  of  this  Union  will  remain  unmolested  in  the 
prosecution  of  their  lawhil  commerce,  and  that  no  effect  will  be  given  to  an 
interdiction  manit'estly  incomi   .able  with  their  rights. 

1  am,  tVc, 

lOHX  OUINCY  A1).\MS. 


mnPBB 


No.  30. 
Mr.  Poletica  to  Mr.  Adams. 

Mr.  I\)lotira  replied  on  the  2nd  of  April  following,  and  after  again  en- 
deavoring to  prove  the  title  of  Russia  to  the  northwest  coast  of  America 
from  Behring's  stra-'ts  to  the  fifty-first  degree  of  north  latitude,  said  : 

"In  the  same  maimer  the  great  extent  of  the  Pacific  ocean  at  the  fifty- 
first  decree  of  latitude  (  ar.nnt  invalidate  the  right  which  Russia  may  have 
of  ronsidering  that  part  of  the  ocean  as  close.  But  as  the  Imperial  flovern- 
ment  has  not\hought  fit  K,  take  advantage  of  that  right,  all  further  discus- 
sion on  tlii>  sultjecl  wcmld  he  idle. 

'■As  to  the  right  claimed  for  the  citizens  of  the  United  States  of  trading 
with  the  natives  of  the  country  of  the  northwest  coast  of  America,  without 
the  limits  of  the  jurisdiction  belonging  to  Russia,  the  lmi)erial  Government 
will  not  certainly  think  of  limilmg  it,  ami  still  less  of  attacking  it  there. 
But  I  rannot  dissemble,  sir,  that  this  same  trade  beyond  the  fifty-first  degree 
will  meet  with  difficuUie:,  and  in<  ..nveniences,  for  which  the  American 
owners  will  onl\  have  to  accuse  their  own  imijrudence  after  the  publicity 
which  has  been  given  to  the  measures  taken  by  the  Imperial  Government 
for  maintaining  the  rights  of  the  Russian  American  Company  in  their  abso- 
lute integrity. 

••I  shall  not  finish  this  letter  without  rei)eating  to  you,  sir,  the  very  posi- 
tive assurance  whivh  1  have  already  had  the  honor  once  of  exi)ressing  to 
vou,  that,  in  everv  rase  where  the  American  Government  shall  judge  it 
nece.ssar_\  to  make  explanations  to  that  of  the  h:mperor.  the  President  of  the 
United  States  may  rest  assured  that  these  explanations  will  always  be 
attended  to  bv  the  Kmpen.r.  my  august  sovereign,  with  the  m<ist  friendly, 
and  conseipiently,  tiie  most  ccMiciliatory  dispositions." 


No.  31. 


Baro)i   Tuyll  to  Mr.  .Idaius. 

fTKANSLATIoN.] 

W.\siirx(noN.  ,'//';v7  12  (24).  T823. 
The  undersigned,  envoy  extraordinary  and  minister  plenii)otentiary  of 
l{is  MajeslN  the  iMiiperor  of  all  the  Russias  near  the  United  States  of  Ameri(  a, 
has  had  the  honor  to  express  to  Mr.  Adams.  Secretary  of  State,  the  desire  ot 
the  I'',mperor,  his  master,  who  is  ever  animated  by  a  sincere  friendship  towards 
the  United  States,  to  see  the  discussions  that  have  arisen  between  the  cabinets 
o!  St.  i'etersburg  and  W'asliington,  upon  some  iivovisions  contained  in  the 
ukase  of  the  4th  (  16th  1  of  September.  i82r.  relative  to  the  Russian  i)ossessions 
on  the  ncjrthwest  coast  of  America,  terminated  by  means  of  a  friendly  nego- 
tiation. 


49 


again  en- 
America 

:1: 

the  fifty- 
may  have 
1 flovcrn- 
jr   discus- 

)f  trading 
,  witiiuut 
)vernment 

it  tlicre. 
rst  degree 
American 

publicity 
)vernment 
hfir  al)S()- 

very  posi- 
ressing  to 
1  judge  it 
lent  of  the 
ahva\s  be 
it  friendly, 


These  views  of  His  Imperial  .lajesty  <  oincide  with  the  wish  expressed 
some  time  since  on  the  part  of  tlic  L'nited  States  in  regard  to  a  settlement  of 
limits  on  the  said  coast. 

The  ministry  of  the  E'ni)eror  having  induced  the  British  ministry  to 
furnish  Sir  Charles  Bagot,  ainbassado--  rif  His  Majesty  the  King  of  England 
near  His  Imperial  Majesty,  with  full  jjowers  ne'  essary  for  the  negotiation 
about  to  be  set  on  toot  for  reconciling  the  difficulties  existing  between  the 
two  courts  on  the  subject  of  the  northwest  coast,  the  English  (lovernment  is 
<lesirous  of  acceding  to  that  invitation. 

The  undersigned  has  been  directed  tcj  communicate  to  Mr.  Adams,  Sec- 
ivtary  of  State,  in  the  name  of  his  august  n  aster,  and  as  an  additional  proof 
of  the  sentiments  entertained  by  His  Imperial  Majesty  towards  the  President 
of  the  United  States  and  the  Anicrii  an  G.)vernment,  th.e  expression  of  nis 
desire  that  Mr.  Middleton  be  also  furnished  with  thi'  nciessary  powers  to 
terminate  with  the  Iin])erial  c;u)inet  by  an  arrangement  founded  on  the 
principle  of  mutual  convenience,  all  the  differences  that  have  arisen  between 
Russia  and  the  United  States  in  consequence  of  the  law  published  September 
4  (i6),  1821. 

The  undersigned  thinks  he  may  hope  that  the  cabinet  of  Washington  will, 
with  pleasure,  accede  to  a  proposition  tending  to  facilitate  the  completion  of 
an  arrangement  l)ased  upon  sentiments  of  mutual  good  will  and  of  a  nature 
to  secure  the  interests  of  born  countries. 

He  profits,  &c., 

TIJYLL. 


No.  32. 


Mr.  Adams  to  Baron  Tiiyll. 


.  1823. 

tentiary  of 
if  Ameri(  a. 
ie  desire  of 
lip  towards 
he  cabinets 
iiied  in  the 
possessions 
■ndly  nego- 


\ 


I 


Department  of  State, 

Washing  ['ON,  Mar  7,  aV^?. 

The  undersigned,  Secretary  of  State  of  the  United  States,  has  submitted 
to  tlie  consideration  of  the  President  the  note  which  he  had  the  honor  of 
receiving  from  the  Baron  de  Tiixll,  Envoy  Extraordinary  and  Minister 
lMenii)otentiary  from  His  Imperial  Majesty  the  Emperor  of  all  the  Russias, 
dated  the  T2th  (24th)  of  the  last  month. 

The  undersigned  has  been  directed,  in  ansv  t  to  that  note,  to  assure  the 
Baron  de  Tiiyll  of  the  warm  satisfaction  with  which  the  President  receives 
and  appreciates  tiie  friendl\  dispositions  of  His  Impe  rial  Majesty  towards 
the  United  States;  disposition^  wliirh  it  has  been;  and  is,  the  earnest  de- 
sire of  the  American  Government  to  meet  with  cxirresjionding  returns,  and 
which  have  been  long  cemented  bv  the  invariable  friendship  and  cordicility 
wiiich  have  subsisted  between  the  United  States  and  His  Imjierial     lajesty. 

IVnetraled  with  these  sentiments,  and  anxiously  seeking  t<^  promote  their 
peri»eliiation,  the  I'rt^ident  readily  accedes  to  the  proposal  that  the  minister 


50 

of  the  I'nitcd  States  at  tlie  court  of  his  Imperial  Majesty  should  he  furnished 
with  powers  for  negotiating,  upon  princi[)les  ada])ted  to  those  sentiments, 
the  adju^lmeiu  of  the  interests  and  rights  which  have  been  brought  into  col- 
lision upon  the  northwest  coast  of  America,  and  which  have  lierelofore 
formed  a  subject  of  corresiK)ndence  between  the  two  (lovernments.  as  well 
at  Washington  as  at  St.  Petersburg. 

Tlic  undersigned  is  further  commanded  to  add  that,  in  pursuii\g,  for  the 
atljtistment  of  the  interchts  in  (piestion,  this  course,  e(|ually  congenial  to  the 
friei.dlv  feelings  of  this  nation  towards  Russia  and  to  their  reliance  upon 
the  justice  and  magnanimity  of  His  Imi)erial  Majesty,  the  Presitlent  of  the 
United  States  confides  that  the  arrangements  of  the  cabinet  of  St.  IVtersbiu-g 
will  have  suspended  the  possibility  of  any  consequences  resulting  from  the 
ukase  to  which  the  Jianjn  de  Tuxll's  note  refers  which  could  affect  thi.  just 
rights  and  the  lawful  commerce  (jf  tlie  United  States  during  the  amicable  dis- 
cussion of  the  subject  between  the  Governments  respectively  interested  in  it. 

'I'he  undersigned,  (.V'c, 

JOHN  QUINCY  ADAMS. 


No.  33. 
Mr.  Adams  to  Air.  Middlctou. 


[\o.  16.] 


DFPARTMENr    OF   StATK, 

Wasiiixcton.  ////i' 22,  182J. 


Sir; 


I  h;uL-  the  honor  of  enclosing,  herewith,  copies  of  a  note  from  iSaron  de 
Tuyll.  the  Russian  minister,  recently  arrived,  proposing,  on  the  part  of  His 
Majesty,  the  Emperor  of  Russia,  that  a  power  should  be  transmitted  to  you 
til  enter  u])on  a  negotiation  with  the  ministers  of  his  Government  concerning 
tin.'  dilferences  which  have  arisen  from  the  im])erial  ukase  of  4th  (\(i\.\\)  Sep- 
tember. i.S.'i.  relative  to  the  northwest  coast  of  .\meri(a,  and  n{  the  answer 
from  this  Department  acceding  to  th.is  pro])osal.  A  full  power  is  accord- 
ingly inclosed,  and  you  will  consider  this  letter  as  communi<  ating  to  you 
the  President's  instructions  for  the  conduct  of  the  negotiation. 

P'rom  tile  leiior  of  the  ukase,  the  ])retentions  of  the  Imperial  Ciovern- 
menl  extend  to  an  exclusive  territ(;rial jurisdiction  from  the  forty-fifth  degree 
of  north  latitude,  on  the  Asiatic  coast,  to  the  latitude  of  tlflv-tjiie  north  on 
the  western  coast  of  the  American  Continent;  and  they  assume  the  right  of 
interdicting  tiie  iu!n\i;\iti(>ii  and  the  fisheiy  of  all  other  nations  to  the  extent 
of  one  hmulrcd  miles  from  the  whole  of  that  coast. 

The  I  nited  StatcN  can  admit  no  part  of  these  claims.  Their  right  of 
navigation  and  of  fishing  is  jiertat,  and  has  been  in  constant  exercise  from 
the  earliest  times,  after  the  pea(  e  of  i  7S3,  throughout  the  whole  extent  of 
the  Southern  Otean,  subject  only  to  the  ordinary  exceptions  and  exclusions 


51 

of  the  territorial  jurisdictions,  which,  so  far  as  Russian  rights  are  concerned, 
are  confined  to  certain  ishiiuh  north  of  the  fifty-fifth  degree  of  latitude,  and 
have  no  existence  on  the  continent  of  America. 

The  corresponded  e  l)et\veen  Mr.  Poleticaand  this  Department  contained 
no  discussion  of  the  principles  or  of  the  facts  upon  whicii  he  attempted  the 
justification  of  the  Imperial  ukase.  This  was  purposely-  avoided  on  our 
part,  under  the  expectation  that  the  Imperial  Government  could  not  fail, 
upon  a  review  of  the  nieasure,  to  revoke  it  alto  rether.  It  did,  however, 
e\(  ite  much  public  animadversion  m  this  country,  as  the  ukase  itself  had 
already  done  in  England.  I  inclose  herewith  the  North  Amrricati  Rrririo 
for  October,  1822,  No.  37,  which  contains  an  articb:  (]>.  370)  written  i)y  a 
person  fully  master  of  the  subject ;  and  for  the  view  of  it  taken  in  England 
I  refer  you  to  the  ;2nci  number  of  the  Qiuirtcr/v  A'('7'/r7i',  the  article  v.pon 
Lieutenant  Kotzebue's  voyages.  From  the  article  in  the  Nortii  A)iier!can 
Rivinc  it  will  be  seen  that  the  rights  (^f  discovery,  of  occupancy,  and  of 
uncontested  pf)ssession,  alleged  by  Mr.  Poletica,  are  all  without  foundation 
in  fact.  -^-  '■■  •■■  ■^-  -^  '■'■'• 

The  right  of  the  L'nited  States  from  the  forty-second  to  the  fortv-ninth 
])arallel  of  latitude  on  the  Pacific  Ocean  we  c(jnsider  as  un([ucstionable,  being 
founded,  first  on  the  ac<iuisition,  by  the  treaty  of  February  22,  1819.  of  all 
the  rights  of  Sjiain  ;  second,  by  the  discovery  of  the  Columbia  river,  first 
from  sea,  at  its  mouth,  and  then  by  kuul,  by  Lewis  and  Clarke;  and  third, 
bv  the  settlement  at  its  inouth  in  rSir.  This  territory  is  to  the  United 
States  of  an  importance  which  nu  possession  in  Nortii  America  can  be  to  any 
Furojiean  nation,  not  only  as  it  is  but  the  continuity  of  their  possessions 
from  the  Atlantic  to  the  Pacific  Ocean,  but  as  it  offers  their  inhabitants  the 
means  of  establishing  hereafter  water  comnumications  from  the  one  to  the 
other. 

It  is  not  conceivable  that  an\    possession  1.  the  continent  of  North 

America  should  be  of  use  or  im|)ortance  to  Russia  toranv  'ther  purpose  than 
that  of  traffic  with  the  natives.  This  was.  in  fact,  the  inducement  to  the 
formation  of  the  Russian  American  Company  and  to  the  (  harter  granted 
them  bv  the  Emperor  Paul.  It  was  the  inducement  to  the  ukase  of  the  Em- 
jieror  .Alexander.  I'y  offering  free  and  ei|ual  access  for  a  term  of  years  to 
navigation  and  intercourse  with  the  natives  to  Ru^^sia.  within  th(.  I'luits  to 
which  our  claims  are  indisputable,  we  concede  much  more  than  wc  obtain. 
it  is  not  to  be  doubted  that,  long  before  the  expiration  of  that  time,  our 
-M.'ttlement  at  the  inouth  (if  the  Columbia  river  will  become  so  consi-!  ■  .e 
as  to  offer  means  of  useful  commenial  intercourse  with  the  Russian  .ile- 
inents  on  the  islands  of  the  northwest  coast. 

\\'ith  regard  to  the  territorial  ( laim,  separate  from  the  right  of  traffic 
with  the  natives  and  from  any  system  of  colonial  exclusions,  we  are  willing 
to  agree  to  the  boundary  line  within  whu  h  the  Emperor  Paul  had  granted 
exclusive  privileges  to  the  Russian  .American  Company,  that  is  to  say,  latitude 
-  .0 

33    • 


52  . 

If  liie  Russian  Government  apprehend  serious  inconvenience  from  the 
illicit  traffic  of  foreigners  with  their  settlements  on  the  northwest  coast,  it 
may  be  effectuany  guarded  against  l)y  stipulations  similar  to  those,  a  draft 
of  whicli  is  herewith  subjoined,  and  to  which  you  are  authorized,  on  the 
jiart  of  the  United  States  to  agree.  *  -J^  '■'-  * 

I  am,  Szc, 

JOHN  QUINCY  ADAMS. 

[  K.NXLdSi'KK  IN  Mu.  Adams'   No.   i6,  ] 
/)rtr/Y  of  Tri'aty  lit-hun'ii  ,'/ic  I  'iiited  Slates  aiit/  A't/rs/ii, 

.Aim  111  I  1.  Ill  (irdcr  Id  stroni^tlu'ii  the  lionds  of  frieiidshii),  and  to  ])iesc-r\L' in  fiilure  a 
pi'ifni  liarmmiy  and  <.;ooil  understanding;  lietweeii  tiio  contracting;  ]iartii's,  it  is  a_i;rccd  that 
tlic'ir  rc-pective  citizens  and  subjects  sliall  not  he  disturbed  or  molested,  cither  in  iiavij^atini;  or 
in  carrying  on  their  fisheries  in  tiie  I'aeilic  ( )ccan  or  in  the  South  Seas,  or  in  landing  on  the 
coasts  of  those  seas,  in  places  not  ahcady  occupied,  for  the  purj)ose  of  carryini;  '•:>  ihei'  com- 
merce willi  ihc  natives  of  tlie  country;  suiiject,  ncverliicless,  to  the  rosuictions  ami  pnn'  '  ns 
specitied  in  the  two  following  articles. 

-•Vri'Ii  1,1,  II.  '1  o  the  enil  tliat  the  naviijation  and  fishery  of  the  citizens  and  .subjecls  of  the 
contraciini;  parties,  respectively,  in  the  I'aeilic  <  )cean  or  in  the  South  Seas,  may  not  be  made 
a  ])relc\t  for  illicit  trade  with  their  respective  setllements,  it  is  a';reed  that  the  citizens  of  the 
L'nited  Slates  shall  not  land  on  any  part  of  the  coast  actually  occupied  by  b'ii.--sian  seltle- 
nienls.  unless  bv  permission  of  the  I  iovcrnor  or  coniniaiuler  thereof,  and  that  Ru>sian  stibjecls 
shall,  in  like  manner,  be  interdicted  from  landing  without  permission  at  any  selllcmcnt  of  the 
United  Stales  on  the  said  north  wt-^t  coast. 


Akiicj.k  III.  It  is 


[■cd   thai 


settlement  shall  be  made  hcrpafier 


ih 


e  iiort Invest 


coast  of -Vmerica  by  cili/ens  of  the  Inited  States  or  under  their  aulhority,  north,  nor  by  i\us- 
sian  subjects,  or  under  the  •authority  of  Russia,  south  of  tiie  lifty-lifth  degree  of  north  latitude. 


A/?' 


No.  34. 

Idanis  fo  Mr.   RusJi. 


[No.  70.] 


Sir: 


Department  ok  State, 

Washington,  y///r  22,  1S2J. 


Among  the  subjects  of  negotiation  with  Great  Ikitain  \vhi(  Ii  are  pressing 
upon  the  attention  of  this  Governiuent  is  the  present  condition  of  the  north- 
west coast  nf  thir.  continent.  'I'his  interest  is  connected,  in  a  manner  l)ccom- 
ing  n-Diii  (la\  to  day  mo'v  important,  wilii  our  territorial  rights:  with  the 
whole  system  of  our  intercourse  with  the  Indiai  tribes;  with  the  boiindar\ 
relations  between  us  and  the  Uritish  North  Amem  an  dominions;  with  the  fur 
trade;  the  fisherie.'-:  in  the  Pacific  Ocean  ;  the  (  ommerce  with  the  Sandwich 
Islands  and  China:  with,  our  boimdary  upon  Mexico;  and,  lastly,  with  our 
politii  .il  standing  and  intercourse  with  the  Russian  emjiire.  *         =i-         "■!= 


53 


Hy  the  ukase  u(  tlie  Emperor  Alexander,  of  the  4th  1  i6th)  of  September, 
1821,  an  exclusive  territorial  right  on  tlie  northwest  coast  of  America  is  asserted 
as  belonging  to  Russia,  and  as  extending  from  the  northern  extremity  of  the 
continent  to  latitude  51°,  and  the  navigation  and  fishery  of  all  other  nations 
are  interdicted  by  the  same  ukase  to  the  extent  of  one  hundred  Italian  miles 
from  tlie  coast. 

When  Mr.  Poletica,  the  late  Russian  minister  here,  was  called  upon  to  set 
forth  the  grounds  of  right  conformable  to  the  laws  of  nations  which  authorized 
the  issuing  01  this  decree,  he  answered  in  his  i.-tters  of  February  28  and  April 
2,  1S22.  by  alleging  first  discovery,  occupancy,  and  unimcrrui)ted  jjosses- 
sion.  ■'■'  '^-  -i^  '■'■-  '"  ♦  -i= 

The  United  States  and  Great  Britain  have  both  jirotestcd  against  the  Rus- 
sian Imperial  ukase  of  Sejjtember  4,  (16,)  1S21. 

At  the  proposal  of  the  Russian  Government,  a  full  power  and  instructions 
are  now  transmitted  to  Mr.  Middleton.  for  the  adjustment,  ])y  amicable  nego- 
tiation, of  the  conflicting  claims  of  the  ])arties  on  this  subject. 

We  have  been  informed  by  the  Haron  de  Tuyll  that  a  similar  authority  has 
been  given  on  the  part  of  the  British  Government  to  Sir  Charles  Bagot.     -^    * 
The  ])rinciples  settbd  by  the  Nootka  Sound  convention  of  October  28, 
I  790,  were— 

ist.  That  the  rights  of  fishery  in  the  South  Seas,  of  tradiicg  with  the  natives 
of  the  northwest  coast  of  America,  and  of  making  settlements  on  the  coast 
itself  for  the  purposes  of  that  trade,  north  of  the  (/c///^// settlements  of  Spain, 
were  connnon  to  all  the  Kuropean  nations,  and  of  course  to  the  United  States. 
21h1.  That  so  far  as  the  actual  settlements  of  Spain  had  extended,  she 
possessed  the  exclusive  rights,  territorial,  and  of  navigation  and  'fishery, 
extending  to  the  distance  often  miles  from  the  coasts  so  actually  ociupicd. 

3rd.  That  on  the  coasts  o^  Sou/h  Anwrica,  and  the  adiacent  islands  south 
of  the  parts  already  occu])ied  by  Sjjain,  no  settlement  should  thereafter  be 
made  either  by  British  or  .Spanish  subjects,  but  on  both  sides  should  be  re- 
tained the  liberty  of  landing  and  of  erecting  temporary  buiklings  for  the  pur- 
poses of  the  fishery.  These  rights  were,  also,  of  course,  enjoyed  by  the  people 
of  the  United  States. 

The  exclusive  rights  of  Spain  to  any  part  of  the  American  continents  have 
ceased.  That  ])ortion  of  the  coiuention.  therefore,  which  recogni/es  the 
exclusive  colonial  rights  of  Spain  on  these  continents,  though  confirmed  as 
between  Great  Britain  and  Spain,  by  the  first  additional  article  to  the  treaty 
of  the  5th  of  July,  1S14,  has  been  extinguished  by  the  tact  ot  the  independence 
of  the  South  American  nation  and  of  Mexico.  Those  inde])en(lent  nations 
will  possess  the  rights  incident  to  that  condition,  and  their  territories  will,  of 
course,  be  subject  to  no  exclusive  right  of  navigation  in  their  \  i(  inity,  or  of 
ai  cess  to  them  by  any  foreign  nation.  *  -''  •'••  ''■  "■"        •* 

The  right  of  carrying  on  trade  with  the  natives  throughout  the  northwest 
coast  thev  [the  L'nited  States]  <  annot  reiiouiu  e.  With  tlu'  Kiissian  settle- 
ments at  Kodiak,  or  at  New  .i.ehangel,  they  may  fairly  claim  the  advantage 


54 

of  a  frt-e  trade,  having  so  long  enjoyed  it  unmolested,  and  because  it  has  been 
and  would  continue  to  be  as  advantageous  at  least  to  those  settlements  as  to 
them.  Hut  they  will  not  contest  the  right  of  Russia  to  prohibit  the  traffic,  as 
strictly  confined  to  the  Russian  settlement  itself,  and  not  extending  to  the 
original  natives  of  the  coast.  *  ■•■  '■'''■  ''"  *  *  ''" 

I  am,  (S:c., 

JOHN  QUINCY  ADAMS. 


No.  35. 


Mr.  Middlcton  to  Mr.  Adams. 

In  Mr.  Middleton's  despatch  No.  35,  of  the  19th  of  April,  1824,  are 
enclosed  minutes  of  the  conferences  that  preceded  the  signature  of  the 
treaty. 

The  first  conference  took  place  on  the  9th  of  the  preceding  February, 
and  Mr.  Middlcton  submitted  the  following  draft  of  a  convention: 

"  Akiici.k  I.  Ill  order  to  .streni^tliCii  the  bonds  oi'  friendsliip  and  to  preserve  in  future  a 
perfect  harmony  end  good  under.standhig  between  the  hii;h  contraciint;  parties,  it  is  at^reed 
that  their  respective  citizens  and  subjects  shall  not  be  disturbed  or  molested,  ("ilher  in  navi- 
<;aiin!^  nr  in  carryint;  on  their  fisheries  in  any  part  of  the  great  ocean  vulgarly  called  the  I'acilic 
or  South  Sea,  or  in  landing  on  the  coasts  thereof  in  places  not  already  occupied,  for  the  pur- 
pose of  carrying  on  tlieir  commerce  with  the  natives  of  the  country,  subject  nevertheless  to 
the  restrictions  and  provisions  specitied  in  the  following  articles. 

"Ari  ici.f.  II.  To  the  end  that  the  navigation  and  fisheries  in  the  great  ocean  carried  en  by 
citi/ens  and  subjects  of  the  high  contracting  parlies  may  not  be  made  n  jiretext  for  illicit  trade 
with  their  respective  settlements,  it  "is  agreed  that  the  citi/ens  of  the  L'nited  States  shall  not 
land  on  any  jiart  of  the  coast  actually  (iccu|iied  by  Russian  settlements,  unless  by  permission 
of  the  (ii)vernor  or  commaiidant  thereof;  and  that  Ku^^ian  subjects  shall,  in  like  manner,  be 
interdicted  from  landing  witlniUt  [lermission  at  any  settlement  of  the  L'nited  .States  on  the 
northwest  coast. 

"  .Ari'Ici.I'.  I II.  It  is  further  agreed  that  no  settlement  shall  be  made  hereafter  on  the 
northwest  coast  of  .\merica,  or  on  any  of  the  islands  adjacent  thereto,  )ioi-tli  of  the  lifty-lifth 
degree  ot  north  latitude,  t'V  citizens  of  tlie  I  nitcd  Stales,  tir  under  their  authoritv;  nor  by 
Ru.^sian  subjects,  or  under  the  authority  of  Ru.s.-'ia,  south  of  the  same  parallel  of  latituile." 

At  the  seiond  conference,  which  was  on  the  20th  of  February,  Cotmt 
Ncsselrotle,  who  was  aci  ompanied  by  Mr.  Puletiia,  gave  Mr.  Middlcton  the 

following  counicr-draft : 

[ 'rn.\NSI.ATI()N.  ] 

'' ArT!!  I f.  I.  To  cement  the  bonds  of  amity,  and  to  secure,  for  the  future,  a  good  under- 
standing and  a  perfect  concord  between  the  high  contracting  powers,  it  is  agreed  that,  in  any 
jiart  of  the  great  ocean,  commonly  called  the  I'acitic  ( )cean,  or  South  Sea,  the  respective  citi- 
zens or  subjects  shall  be  neither  disturbed  nor  restrained,  either  in  navigation  or  in  lishiiig,  or 
in  the  jjower  of  resorting  to  the  coasts  upon  points  which  may  not  already  he  occu|)ied,  for 
the  puriwse  of  trading  with  the  natives;  saving,  always,  the  restrictions  and  conditions  deter 
mined  by  the  following  articles. 

".Vkiici  !■:  II.  With  the  view  of  preventing  the  rights  of  navigation  and  of  lishing,  exer- 
cised upon  the  great  ocean  by  the  cili/.ens  and  subjects  of  the  high  contracting  powers,  from 


55 

heco.ninK  the  i.relcxt  for  an  illicit  trade  with  their  r-spective  establishments  it  is  a.-reed  tnal 
the  c.t.zcn^  of  the  United  States  shall  not  resort  to  any  part  of  the  coasts  already  occupied  hy 
Russian  e  .tahhsh„>enfs,  .;•  Mon^nn.  /„  J^ussu,,/n.,n  the  line  .f  Janarcalio,,  poinUd  out  in  the 
artHlvlnl.n.;  without  the  permission  of  the  governor  or  commander  of  said  esiaMisl.ments- 
an,l  that  reciprocally,  the  subjects  of  Russia  shall  not  resort,  without  permission,  to  any  t-tab- 
hshment  of  the  fnited  States  upon  tlic  northwot  coast,  /iv-w  the  same  line  <>,\irm.vrathu. 

"Artici.ic  hi.  It  is,  moreover,  agreed  that,  in  the  ies,,ective  possessions  of  the  two  high 
powers  on  the  northwest  coast  of  America,  or  in  any  of  the  adjac<-:n  islands,  there  shall  not 
be  formed  by  the  cituens  of  the  Lnitcd  States,  or  un.ler  the  authority  of  the  said  States  any 
establishments  to  the  north  of  54-  40'  of  north  latitude;  .n<l  that,  in  the  same  manner,  there 
sliall  be  none  formed  by  Russian  subjects,  or  under  the  authority  of  Russia,  to  the  south  of 
llie  same  parallel. 

"  [With  admission  of  American  vessels  to  Xew  Archangel.]  " 

As  to  tliis  cotinter-draft,  Mr.  Middlt'toii's  minutes  of  thf  second  confer- 
ence contain  the  following: 

"I  observed,  that  the  in.sertion  in  the  second  article  was  iitterlv  inadmis- 
sible, as  repugnant  to  the  stiimlations  of  the  fcrmer  article,  antl  that,  instead 
of  the  admis.sion  of  American  ves.sels  solely  to  New  Archangel,  in  the  third 
article,  I  should  i;ropose  the  commercial  princ  iple  adopted  by  the  United 
States  and  England  upon  the  same  coast  (indiscriminate  admission,  ett.,  for 
a  limited  ])eriod).  I'hat  I  mnst  now  frankly  tell  them  tiiat  my  instructions 
reqtiired  that  I  should  obtain  two  points  as  necessary  conditions  to -the  third 
object  contemplated  by  the  projet  of  convention.  First,  the  revocati(;n. 
either  spontaneous  or  by  convention,  of  the  maritinie  provisions  of  the  uka-e 
of  September  4  (16).  1821.  Secondly,  the  adoption  of  the  counnercial  prin- 
ciple (or  something  similar;  agreed  ui)on  between  tiie  United  States  and 
Great  Britain,  in  their  convention  of  1S18,  in  relation  to  these  coasts. 
Thirdly,  that,  these  preliminaries  being  settled,  ■MrrrHorial  ,iL-liiiufatioii  for 
settlements  at  fifty-five  degrees  might  W  agreed  upon. 

"Upon  this  Mr.  Poletica  a.ssured  me,  with  a  strong  asseveration,  that  Iic 
would  never  be  brought  tt)  sign  an  instrument  containing  the  principle  of 
tree  admission  (or  our  s/iips  to  t/ir/r  coasts,  wl  -'ever  t/ic  Coimf  might  think 
proper  to  do.  He  continued  to  argue  varmly  against  anything  of  the  kind. 
I  rei)lied  somewhat  at  length,  and  concluded  by  saying  that  unless  he  could 
be  brought  to  change  his  mind  uijon  this  point,  it  was  more  than  jjrobable 
T.'e  should  be  able  to  do  nothing.  Russia  must  then  be  (oiitent  to  keep  her 
ukase,  and  other  nations  would  only  have  to  see  what  means  they  may  p(jssess 
of  carrying  on  the  northwest  trade  ///  spite  of  it.  The  Count  look  no  share 
in  this  a-parte  discussion,  and  when  it  concluded  I  told  him  that  1  should 
take  his  contre-projet  home  with  rne  to  consider  it  and  make  such  further 
]jroi)ositions  as  reflection  should  suggest.  We  agreed  to  meet  again  in  three 
days." 

At  the  fourth  conference,  wliich  was  on  the  8th  of  March,  Mr.  Middleton 
submitted  to  Count  Ne.sselrode  tlie  following  ])ai)er: 

[  TuanslatiiinJ 

"The  dominion  cannot  be  acquired  but  by  a  /r(?/occui)ation  and  posses- 
sion, and  an  intention  (animus)  to  establish  it  is  by  no  iiieaiis  sufficient. 


56 


"Now,  it  is  clear,  acconiin^i;  to  the  facts  established,  that  neither  Russia 
nor  any  other  European  ()ower  has  the  right  of  dominion  upon  the  continent 
of  America  between  the  50th  and  fioth  degrees  of  north  latitude. 

"Still  less  has  she  the  dominion  of  the  adjacent  maritime  territory,  or  of 
the  sea  which  washes  these  coasts,  a  dominion  whicli  is  only  accessory  to  the 
territorial  dominion. 

•'Therefore  she  has  not  the  right  0/  exc/u..,iii  or  of  ailmissioii  on  these 
coasts,  nor  in  these  seas,  which  are  free  seas. 

"'riie  right  of  navigating  all  the  free  seas  belongs,  by  natural  law,  to 
every  independent  nation,  and  even  constitutes  an  essential  part  of  this  inde- 
pendence. 

"The  United  States  have  exercised  navigatioi\  in  the  seas,  and  commerce 
upon  the  (oasls,  al)ove  mentioned,  from  the  time  of  their  indei)endcn(  e;  and 
they  liave  a  perfect  right  to  this  navigation  and  to  this  cunnnerce,  and  they 
can  only  be  deprived  of  it  by  their  (jwn  act  or  by  a  convention." 

What  then  transpired  at  the  conference  Mr.  Middleton's  notes  relate  as 
follows : 

"Having  read  this  with  attention,  he  [Count  Nesselrode]  exclaimed, 
'Well,  here  is  a  coireention.  We  must  see  if  't  is  not  possible  to  come  to  an 
arrangement.'  He  then  stated  that  there  could,  however,  now  remain  only 
one  means  of  accommodating  the  existing  difference.  This  he  would  state 
hypothetically  (supposing  the  possibility  of  the  Emperor's  permitting, the 
stipulation  of  a  free  trade  for  ten  years  to  be  agreed  to.)  It  was  a  pro[)osition 
whi(  h,  perliaps,  would  be  made  to  me  at  a  future  meeting.  It  would  be 
intended  to  prohibit  the  trade  in  firearms  and  ammunition.  He  went  into  a 
recajiitulation  of  the  ( omplaints  of  Mr.  r)as(  hkoff  and  (\)unt  Pahlen,  on 
account  of  the  injuries  arising  from  the  firearms  furnished  to  the  natives  by 
our  citizens.  I  took  occasion  here  to  declare  that  all  the.se  proceedings  of 
the  Russian  Government  were  founded  in  erroneous  impressions,  and  arose 
irom  their  having  improperly  conceived  that  they  had  a  ri^^ht  to  regulate  our 
commerce  upon  a  coast  which,  being  unoccupied,  was  free  and  open  to  all 
nations.  It  was  clear  that  they  had  no  right  to  demand  any  regulation  of 
the  kind.  He  replied,  they  did  not  now,  of  ct)urse,  expect  any  arrangement 
whi(  h  should  not  be  marked  by  reciprocity.  I  remarked  that  any  restriction 
of  the  kind  would  be  in  many  resjiects  liable  to  objections.  That  the  first 
which  ])resented  itself  to  my  mind  was.  that  such  a  regulation  could  not  be 
carried  into  effect  without  admitting  a  right  of  search,  which  was  wholly 
inadmissible  in  time  of  ].>eace.  He  replied,  they  had  no  intention  of  pro|)os- 
ing  anything  of  the  kind,  ("or  that  they  would  be  satisfied  with  the  right  of 
inal^i)!;^  reprcsoitatious  to  our  Government,  in  case  of  the  infraction  of  the 
regulation  which  should  be  adopted,  by  our  traders." 

What  occurred  at  subsequent  conferences  is  stated  in  Mr.  Middleton's 
minutes  as  follows:  — 

"Considerable  delay  occurred  after  the  conference  of  the  8th  March, 
occasioned  partly,  as  1  understood,   by  the  indisposition  of  the  Emperor, 


57 


and  partly,  too,  as  I  siqiposcd.  to  <;'wv  time  for  ronsiiltation  with  the 
Directors  of  the  Russian  Ameridin  Company.  At  length,  on  the  morning 
of  tlie  22nd  March,  Mr.  Poktica  railed  u])on  me  and  staled  tiiat  he  had 
now  a  projet  to  offer  on  tlie  jiart  of  liis  Government  (see  pajier  lettered  /,) 
and  tliat  he  would  leave  it  witli  me  for  consideration.  Among  other  things, 
he  observed  that  the  prohiliition  of  a  trade  in  arms  and  ammunition  would  be 
a  -f/V/d'  (///</  nof/,  and  that  the  Kmperor  wislied,  in  views  of  l)encvolence,  to 
add  thereto  all  kinds  of  spirituous  li(iuors.  This  was  confirmed  to  me  by 
Count  Nesselrode's  note  of  2otti  March,  'see  jjajjer  lettered  ///.)  Mr. 
i'oletica  stated  that  Count  Nesselrode  ])roi)osed  to  receive  me  on  Monday, 
the  24th  instant  at  his  house,  at  one  o'clock  p.  m. 

"Accordingly  I  attended  on  Mondav,  the  24th  Mart:h,  and  offered  the 
projet  lettered  (//).  The  argument  this  day  turned  generally  upon  the  re- 
strictions proposed  to  i)e  imposed  upon  tlie  trade.  The  sale  of  arms  to 
tlie  savages,  wdiose  blind  passions  are  unrestrained  by  any  moral  tie,  must  be 
e(iually  pernicious  to  themselves  and  alt  who  come  within  their  reach.  The 
greatest  objection  to  this  prohi])ition  ajipeared  to  me  to  be  tiiat  the  restric- 
tion may  be  converted  into  a  pretext  for  vexations  upon  our  conunerce,  if 
seizure  or  confiscation  were  permitted  ;  and,  on  the  other  hand,  it  seemed 
likely  that  all  other  modes  of  carrying  the  prohibition  into  effect  would 
prove  nugatory.  I  had  been  told,  however,  that  they  would  be  satisfied 
with  its  interdiction  under  such  penalties  as  we  might  think  proper  to  imi)ose  ; 
that  in  case  of  infraction  tlie\-  would  content  themselves  witli  rcprcsrniatioiis 
to  the  Government;  but  tliat,  fmally,  tlie  measure  was  a  sine  qua  iioii.  In 
order  to  meet  this  proposition,  I  had  drawn  up  the  article  as  it  stands  in  the 
projet,  as,  upon  the  whole,  I  concluded  that  our  Ciovernnient  will  probably 
consider  the  proposal  as  less  objectionable  than  at  a  former  period,  from 
considerations,  at  least,  of  reciprocity,  now  that  we  liave  an  acknowledged 
territory  upon  the  western  coast,  and  when,  too,  it  luiglit  perhaps  be  unavail- 
ing to  attempt  to  resist  the  claims  of  Russia,  likely  so  soon  to  be  fully 
acknowledged  by  Great  Britain. 

"On  the  28th  Mr.  Poletica  brought  me  the  projet  lettered  {0').  It  now 
a[ipeared  to  me  that  the  latter  i)art  of  the  fourth  article,  'that  the  reciprocal 
right  shall  cea.se,'  etc.,  had  still  too  much  the  ap[)earance  of  a  substantive 
stipulation,  although  I  had  changed  it  from  an  entire  article  in  their  projet 
of  the  22nd  of  March,  so  as  to  stand  as  an  accessory  to  the  preceding  stipu- 
lation of  an  open  trade.  In  the  fifth  article,  their  exj/ression  'of  arbitrary 
mea.sures'  did  not  appear  to  me  to  be  sufficiently  precise,  as  it  left  them  at 
lil)erty  to  adopt  rci^nlafions  and  to  carry  them  into  effect,  because  it  could 
not  be  said  that  such  regulations  were  arbitrary.  For  these  reasons  I  pro- 
posed at  our  meeting  on  the  31st  that  the  fourth  and  fifth  articles  should 
stand  a.s  set  forth  in  the  projet  lettered  (/.) 

"The  fourth  article  became  the  subject  of  warm  debate  during  the  three 
meetings  upon  the  31st  of  March  and  the  ist  and  2nd  of  April ;  at  the  last 
of  which  they  proposed  that  I  should  sign   a  protocol  of  the  tenor  of  that 


58 


UttiTC'd  ((/.')  This  was  refused  by  me  as  asserting  what  was  evidently  iin- 
tiue,  to  wit  :  that  the  two  forms  specified  therein  inriiiif  f/ir  siiiiir  lliiiij^ ;  but 
[  consented  to  sign  an(jther  protof  ol.  of  which  one  of  the  originals  is  for- 
wartied  herewitli.  lettered  </•.)  The  protocol  of  signature  is  lettered  (.v,) 
and  llie  (  (invention  (t.) 

"Su(h  is  the  sum  and  sultstance  of  what  passed  in  our  conferences,  as 
extra)  ted  fnun  the  short  notes  I  made  directly  after  each  meeting.  If  it 
should  ajijiear  to  he  nn.-agre  and  desultory,  this  must  lie  accounted  for  from 
the  (  in  nmstance  that  we  had  set  out  disclaiming  all  n\i^n/iir  i/isciission  of  right 
or  of  fact  :  and  if  anything  approaching  to  it  was  resorted  to,  it  was  only 
when  I  deemed  some  statement  absolutely  necessary  to  sup])ort  our  preten- 
sions ;  but  in  general  everything  of  the  nature  of  i/Zsruxs/c/t  appeared  to  l)e 
carefullv  avoided  bv  the  adversarv." 


[Enclosure  I,  in  Mk    Miudi.fton's  No.  35.] 

Projet  of  Russia  of  March  22. 

[lHASsI.AriON.] 

llis  Majesty  tlie  J'.tnperor  of  all  the  Kussias  and  tlic  ( idvernnienl  of  the  United  States  f>t 
America,  wi^liiiit^  to  cement  the  Ixjnds  of  amity  which  unite  them,  and  to  secure  between 
them  the  invariaMe  maintenance  of  a  perfect  concord,  hy  means  of  tlie  present  convention 
iiave  named  as  thtir  pienij)otentiaries  to  this  effect,  to  wit :  I  lis  Majesty  the  Emperor  of  a'. I 
the  I\ussias,  his  hel(n'i'(l  and  faithful  f'harles  Robert,  Count  of  N'esselrode,  Ovc,  iVc,  aid 
Pierre  de  I'oletica,  .\:c.,  and  the  'iovcrnment  of  the  I'nited  States  of  America,  Ile.iry 
Middleton,  Ks'[.,  \c.,  who,  after  having  exchanj;ed  their  full  powers,  found  in  good  and  due 
form,  have  agreed  upon  and  signed  the  following  stipulations; 

Akiiii.k  1.  It  is  agreed  that  in  any  part  of  the  great  ocean,  conniionly  called  the  racific 
( )cean,  or  Soutii  Sea,  the  respective  citizens  and  subjects  of  the  high  contracting  parties  shall 
be  neither  disturbed  nor  restrained  either  in  navigation  or  in  fishing,  or  in  the  power  of 
resorting  to  the  coasts  upon  points  which  may  not  already  be  occupied  for  the  purpose  of 
trading  with  the  natives,  saving  always  the  restrictions  and  conditions  determined  by  the 
following  articles. 

.Vurui  1:  II.  With  a  view  of  preventing  the  rights  of  navigation  and  of  fishing,  exercised 
upon  the  great  ocean  by  the  citi/cens  and  subjects  of  the  high  contracting  parties,  from  becom- 
ing the  pretext  for  an  illicit  trade,  it  is  agreed  that  the  citizens  of  the  United  States  shall  not 
resort  to  any  point  of  the  coasts  already  occupied  by  Russian  establishments,  without  the  per- 
mission of  the  governor  or  commander  of  said  establishments;  and  that,  reciprocally,  the 
subjects  of  Russia  shall  not  resort,  without  permission,  to  any  establishment  of  the  United 
States  upon  the  northwest  coast. 

Ak  rici.i'.  III.  It  is  moreover  agreed  that,  in  the  respective  po.ssessions  of  the  two  high 
powers  upon  the  northwest  coast  of  America  or  in  any  of  the  adjacent  islands,  there  shall  not 
be  ftirmed  by  the  citizens  of  the  United  Stales,  or  under  the  authority  of  the  said  Slates,  any 
establishment  to  the  north  of  54''  40'  of  north  latitude;  and  that,  in  the  same  manner,  there 
shall  be  none  formed  by  Russian  .subjects,  or  under  the  authority  of  Russia,  to  the  south  of  the 
same  parallel. 

.■\i;ii<  i.i:  I\'.  It  is,  neverthele.ss.  understo<j<I  that  the  vessels  of  the  two  powers,  or  which 
belong  to  their  respective  citizens  or  subjects,  may  reciprocally  frerjuent,  without  any  hindrance 
whatever,  the  interior  seas.  gulf~,  harbors  and  creeks  in  the  ])o.ssession  of  Russia  and  of  the 
United  States  of  America  on  the  northwest  coast,  for  the  purpose  of  hshin{j  and  trading  with 
the  natives  of  the  country. 


Mitly  un- 

vV/i,'-;  but 

Is   is  for- 

LTt'll  (i-,) 

■(.'iict-'s,  as 
,g.      If  it 

for  from 
'/  of  right 

wns  only 
r  jirt'tcn- 
red  to  1)0 


59 

Articik  V.  This  reciprocal  rit;lii  of  (Ishing  anfl  of  trade  is  only  granted  for  a  term  .f  il-h 
years  from  the  dale  of  the  si-niiif;  of  tlie  present  convention,  at  the  end  of  which  term  ii  ^liall 
cease  on  both  sides. 

AUTICI.K  VI.  From  this  time  rne-arms,  other  arms,  powder  and  munitions  of  war  of  every 
i<ind  are  always  excejjted  from  this  same  connnerte,  wliith  the  two  powers  (■l^'■^v.c  not  to  sell 
nor  allow  to  be  sold  to  the  natives  by  their  res|)ective  citizens  iind  subjects,  nor  by  any  person 
who  may  be  under  their  authority. 

.\RTin,K  VII.  The  present  convention  shall  be  ratilied,  and  the  ratillcalions  thereof  shall 
be  exchanged  at  St.  Petersburg  in  the  sjiace  of . 

In  faith  whereof  the  respective  pleiiiiiolentiaries  have  signed  it  and  thereto  allised  the  seal 
of  their  arms. 

Done  at  —  the  —  of  the  year  of  grace,  1824. 


d  States  ol 
re  between 
convention, 
peror  of  a'.l 
;.,  i\:c.,  aid 
ica,  Ile.iry 
od  and  due 

the  I'acilic 
parties  shall 
e  power  of 

purpose  of 
ned  by  the 

■^,  exercised 
rom  becom- 
es shall  not 
jut  the  per- 
rocally,  the 
the   United 

e  two  high 
;re  shall  not 
States,  any 
inner,  there 
south  of  the 

s,  or  which 

y  hindrance 

and  of  the 

rading  with 


r  Enci.osukf.  M  in  Mh.  Middi.kton's  No,  3.1;.] 

CouH^  hfcsselrode  to  Mr.  Middlctoii. 

[Thanslatkin.  ] 

The  undersigned,  Actual  Privy  Counsellor,  Secretary  of  State  directing  the  administration 
of  Foreign  .\ffairs,  has  had  the  honor  to  mention  to  Mr.  Middleton,  Envoy  Kxtraordinary  and 
.Minister  rienijiotentiary  of  the  United  Stales  of  America,  llie  desire  which  the  llmperor  had 
of  seeing  arms,  munitions,  and  spirituous  liquors  excepted  from  the  articles  of  which  the 
reci])rocal  trade  might  be  declared  free  during  ten  years  with  the  natives  of  the  norihwesl  coast 
of  America,  by  the  convention  which  Russia  and  the  United  Slates  are  ujion  the  point  of  con- 
cluding. 

The  undersigned  hastens  to  assure  .Mr.  Middleton,  by  writing,  that  the  immediate  prohibi- 
tion of  the  trade  in  arms  and  munitions  with  the  natives  is  a  condition  to  wliich  His  Imperial 
Majesty  attaches  the  highest  importance,  a  condition  tiie  absence  of  whieh  would  not  pernui 
him  to  give  his  assent  to  the  rest  of  the  treaty. 

As  to  the  prohibition  of  the  trade  in  spirituous  lii|uors  the  Kmperor  eagerly  desires  that  it 
should  be  pronounced,  and  he  does  not  doubt  that  .Mr.  Middleton  and  the  Inivernment  nf  the 
United  Stales  [will]  receive  in  the  most  favorable  maimer  this  wish,  dictated  by  motives  of 
humanity  and  morality. 

The  undersigned,  i.\:c., 

NESSKI.Rf)Dr;. 

St.  PKTEKSHDRt;,  March  20,  1824. 


[F.".;ci.osui<E  \  IN  .Mh.  Midih.eton's  No.  35.] 

Projet  of  tJie   United  States  of  MarcJi  2^. 

[  Tkanslation.  J  ,^ 

His  Majesty  the  Emperor  of  all  the  Russias  and  the  President  of  the  United  States  ol 
•Vmerica,  wi.shing  to  cement  the  bonds  of  amity  which  unite  them,  and  to  secure  between  them 
the  invariable  maintenance  of  a  perfect  concord,  by  means  of  the  [)resent  convention,  have 
named  as  their  plenipotentiaries  to  this  effect,  to  wit:  His  Majesty  the  Emperor  of  all  the 
Kussias,  his  beloved  and  faithful  Charles  Robert,  Count  of  Nesselrode,  i."vc.,  >S;c.,and  Pierre  de 
Poletica,  lVc,  tS-C,  and  the  President  of  the  United  Slates  of  .Vmerica,  Henry  Middleton,  a  cit- 
izen of  said  States,  and  their  Envoy  Extraordinary  and  Minister  Plenipotentiary  near  His 


6o 


Imperial  Majesty;  who,  after  having  exchaiined  llieir  full  |)i(wer>.  finiml  in  ^ikkI  ami  iliie  fnriii. 
have  a^;ree<l  uiK)n  and  sii4ne<l  the  followin)^  hli|)ulati<)ns; 

Aim  K  IK  I.  It  i>  a^rei<l  that  in  any  part  nl'  the  tjreat  nteaii,  t  unininnly  ealltil  the  racilic 
Ocean,  or  SdiuIi  Sea,  the  res|)ective  citizens  and  .suhjeets  nf  the  hi^;li  cimtraclin^  parties  shal 
i)e  neither  disturhed  imr  restrained  either  in  nnvij;atinn  or  in  lishiiiL;,  or  in  the  power  of  resort 
inj;  to  liic  coa>ls  upon  points  whidi  may  not  already  lie  oeiiipied  fur  the  purpose  of  trailing 
with  the  native--,  ^a\  iiij;  alway''  the  restrictions  and  condition-.  <lctirniincd  hy  the  following; 
arlitles. 

Akiici.i:  li.  With  tlir  \  iew  of  prevenliiif;  the  rij^dit-.  of  n,i\  if;alion  and  of  ti>liin^;,  exercised 
upon  the  ^rcat  ocean  hy  the  citizens  and  >ul)ject>  of  the  hi^di  CDntractinj,'  powers,  frf)in  becom- 
ing' the  pretext  for  an  illicit  trade,  it  is  agreed  that  ine  citizens  of  the  I'nitrd  States  shall  not 
rexirl  to  any  point  where  there  is  a  Russian  eslalilishmenl,  withoul  the  |)ermission  ol  the  j^ov 
ernor  or  Commander;  and  that,  lecipmcally,  the  >ul)iects  of  Rusiia  shall  not  resort,  withoul 
perinis^iun,  to  any  estaMislnnent  of  the  I  nited  States  upon  the  northwot  coast. 

AkiIi  I  I.  III.    It  is  moreover  aL;reed  that,  hereaflcr,  there  shall  not  lie  formed   hy  the  citi 
/cn^  of  the  Inited  States,  or  under  the  aulhuriiy  of  the  sai<l  Slates,  any  establishment  upon  the 
norlliwest  coa.st  of  .Vinerica,  nor  in  any  of  the  i-l.ind>  adjacent,  to  the  north  of  54°  40'  of  north 
latitude;  and  that,  in  the  .same  manner,  there  >liall   be  none  f(jrmed  by  Russian  subjects,  or 
under  the  authority  of  Russia,  to  the  south  of  the  >aine  parallel. 

Arik  I.I'.  I\'.  It  is,  nevertheless,  understood  that  the  vessels  of  ihe  two  [wwi-rs,  or  which 
beloni.;  to  their  citizens  or  subjects,  res|jectively,  may  reciprocally  frequent,  without  any 
hindrance  whatever,  the  interior  sea.s,  gulfs,  harbors  and  creeks  upon  the  said  coast  for  the 
purpose  of  ti.^hiiiL;  and  of  trading  with  the  natives  of  the  country.  Hut  the  reciprocal  riglu 
granted  by  this  article  shall  cease,  on  both  sides,  after  the  term  of  ten  years,  to  be  counted 
from  the  signing  of  the  preseiH  convention. 

.\Kiiri.i,  \'.  I'ire-arms,  other  arms,  powder,  and  munitions  of  war  of  every  kind,  are 
always  excepted  from  this  same  commerce  ])ermitled  by  the  ])receding  .irticlc;  and  the  two 
powers  eiij^age,  reciprocally,  neither  to  sell,  nor  suffer  them  to  be  sold,  to  the  natives  by  their 
respective  citizens  and  subjects,  nor  by  any  person  who  may  be  under  their  authority.  It 
being  well  understood  that,  in  any  case,  this  restriction 'shall  not  be  considered  to  authorize, 
under  the  pretext  of  a  contravention  of  this  article,  the  visit  or  the  detention  of  vessels,  or  the 
seizure  of  the  mei  :handise,  or,  in  line,  any  vexations  whatever  exercised  towards  the  owners 
or  the  crews  employe;!  in  this  commerce;  the  high  eoiuracting  powers,  reciprocally,  reserving 
to  iheinselvcs  to  determine  u|)on  the  penalties  to  be  incurred,  and  to  inllict  the  punishments 
due,  in  case  of  the  contiavention  of  this  article  by  their  respective  citizens  and  subjects. 

Akthi.K  \'1.  \\'hen  this  convention  shall  have  been  duly  ratified  by  His  .Majesty  the 
lunperor  of  all  the  Russias  on  one  i)art  and  on  the  cither  by  the  President  of  the  L'nited 
State>,  with  the  advice  and  consent  of  the  Senate,  the  ratilications  thereof  shall  be  exchanged 
at  ^\'a^hin!.^ton  in  the  s[)ace  of  ten  months  Inini  the  date  below,  or  sooner,  if  possible. 

In  faith  whereof  the  resjjective  plenipotentiaries  have  signed  this  convention,  and  thereto 
affixed  the  seals  of  their  arms. 

I  lone  at  —  the  —  of  the  year  (,f  (Irace  1S24. 


[  Enclosuke  O  in  Mk.  .MninLiiroN's  No.  35.]  ' 

Contrc  projct  of  Russia  of  March  28. 

'I'his  jjrojel  is  virtually  identical  with  that  of  the  L'nited  States  of  March  24  (Enclosure  N), 
the  only  change  being  a  verbal  one  in  the  second  sentence  of  Article  V. 


6i 

f  f''N(  tcsi  lu'  I'  IN  Ml'    Miiini  kton's  No,  3;.  ) 

Ih-ojct  of  (he  (  'nilcd  Slates  of  }farcli  ?/. 

I     III  VN-aI  AI  1i>\,    1 

Ak  I II  1.1  l\.  It  is,  iKVcrilicli.^^,  uinlcr^liKMl  iliiit,  lUirint,' .1  Icnn  III*  icii  years,  ui  lie  Liiutiied 
Iriiiii  till'  ■•i,i;iiiii)^  iif  tlic  i)ri>ciii  conseiitiiiii,  llic  sliijis  nf  ilic  twn  |hi\vcts,  or  wliiili  IilIumi;  Vt 
tlicir  lili/cn.s  or  Milijects,  rcsjicctivL'ly,  may  rccipnically  liciiueiit,  withuut  any  liinilraii(,e  wliat- 
cvLT,  the  interior  seas,  nulfs,  liariwrs,  a.id  creeks  upon  the  coast  mentioned  in  the  preceding; 
article,  for  the  inirpose  ol  I'l^hin^'  atid  trading'  willi  tiic  natives  of  the  country. 

Arik  l.K  V.  All  s|)irituous  lii|Uors,  lire-arms,  other  arms,  powder,  and  munitions  of  war  of 
every  kind,  are  always  excepted  from  the  coinnierce  permitted  iiy  the  precedint;  article;  and 
till'  two  ])owers  en^aj;e,  reci|)rocally,  neither  to  sell,  nor  sul'i'er  them  to  he  sold,  to  the  natives 
by  their  respective  citizens  and  subjects,  nor  by  any  person  who  may  be  under  their  authority. 
It  is  likewise  stipulated  that  this  restriction  shall  never  serve  Im  a  pretext,  nor  be  allet;cd,  In 
any  case,  to  authorize  eillier  the  search  or  deliniion  oi  sesseK,  or  (In-  seizure  of  the  nierchan 
disc,  or,  in  line,  any  nieasm-es  of  constraint  whatever  towards  the  merchants  or  the  crews  who 
may  carry  on  this  commerce;  the  hi^h  contracting  powers,  reciprocally,  reserving;  to  them- 
selves to  determine  upon  the  penalties  to  be  incurred,  and  to  intlict  tlu-  punishmenis  due,  in 
case  of  a  conlravention  of  this  article  by  their  respective  cili/.ciis  or  subjects. 


[Encuisiki.'  (J  i\  Ml',  .\Iiiii)1.i.;i(>n's  No.   15. | 

Pt'ojet  of  Protocol  submitted  In'    tlu    Russian    ncgotiatoi's  on 
,\pril  2,  wliicli  Mr.  Middleton  refused  to  sign. 

[IhANSL.M  liiN,  I 

The  under-i};ne(l,  after  having  discussed  in  several  conferences  a  projel  of  comention 
|iroposed  for  removini;  all  ilie  dillerences  wliicli  liave  arisen  between  Russia  and  the  L  lined 
."states  of  .\inerica,  in  consei|nence  of  a  re^iilaiion  published  by  the  former  of  tliese  jiowers, 
oil  the  4th  (ifith)  September,  1.S21,  delinitively  drew  up  the  dill'erent  articles  of  which  this 
convention  is  composed,  added  to  dieni  their  si<,;n  mainial,  and  iniiiually  engaj^ed  to  si^n 
ihem  as  they  are  found  annexi'd  to  llic  jjiesent  protocol. 

In  drawing  u])  the  4th  of  these  arlicles,  the  plenipotentiaries  of  Russia  lecollectcd  that 
they  had  proposed  to  the  i)lenipotenliary  of  the  L  nited  States  to  arrange  the  said  1 --ticle  in 
the  following  terms: 

AKrici.K  IV.  "  It  is,  nevertheless,  understood  that  the  ships  of  the  two  jjowers,  or  which 
belong  to  their  citizens  or  subjects  respectively,  may  mutually  frei|uent,  without  any  hindrance 
whatever,  the  interior  seas,  gulfs,  harbors,  and  creeks  upon  tb.e  said  coast,  for  the  purpose  .if 
there  fishing  and  trading  with  the  natives  of  the  country,  liut  the  reciprocal  right  granted 
bv  this  article  .shall  cease,  on  both  sides,  after  a  term  of  ten  years,  to  be  counted  from  the 
signing  of  the  present  convention." 

The  plenipiitentiaries  of  Russia  acUleil,  that,  after 
asireeiiiK  to  this  arrangement,  the  plenipntcntiary  of 
the  I'liileil  States  had  aflerwartls  invited  tlieni  to 
clian)4e  the  ending  of  this  very  article,  and  to  agree 
to  it  as  it  is  transi  rihed  opposite  *  oliserving  thai  this 
seco.ul  arrangement,  more  conformable  to  the  letter 
I  if  tile  instructions  which  he  had  received,  in  no  way 
altered  the  sense  of  that  whit  h  hat.  heen  proposed  liy 
the  plenipotentiaries  ot  Russia, 

'I'hc  plenipotentiary  of  the  United  Stales  having 
repeated  this  observation,  the  article  in  question  was 
signed  with  the  modification  which  he  had  demanded 
to  he  there  introduced, 

.\ftir  which  all  the  other  articles  were  also  signed,  and  it  was  resolved  to  proceed  to  the 
signature  of  the  co!ivention  itself  tlie  —  following. 

Done  at  St.  I'eter.shurg,  the  — ,  iS.':4,  ' 


*  Aurict.i;  1\', — "  li  is,  nocrihclcss,  under- 
stood that,  during  a  term  of  ten  years,  to  he  counted 
from  the  signing  of  the  present  convention,  the  ships 
of  the  two  powers,  or  which  belong  to  their  citizens 
or  subjects,  respectively,  may  mutually  frequent, 
without  any  hindrance  whatever,  the  interior  se;is, 
gulfs,  harbors,  and  creeks  npoji  the  .said  coasts,  for 
the  purpose  of  there  fishing  .iiid  trading  with  the 
natives  of  the  country." 


62 

[  F.N-ci,nsi'\uc  R   IN  Mr.   MinmiiToN's  No.  ;,s.] 

Protoco!  of  Sioiiaturc  of  tlie  A'-ticlcs. 

[  'i'HANSl.ATlllN.    I 

Tlie  iin<lcrsi<j;iic(l,  after  liavin;^  discussed  in  several  ci'iifcreiices  a  projet  of  a  convention 
proposed  for  settlini;  all  the  differenees  which  arost'  between  I'le  Tnited  Slates  of  America  and 
Russia,  in  consei|uence  of  a  regulation  puhlislu'd  by  the  i.iller  of  these  powers  on  the  4th  (i6t!i) 
Septeniher,  I.S2I,  dellnitively  drew  up  the  differcnl  articles  of  which  this  convention  is  com- 
posed, added  to  them  their  si^n  maniial,  and  mutually  euyaged  to  si^n  them  as  they  are  found 
ainiexcil  lo  the  iiresenl  protocol. 

In  drasvin<^  up  the  4tli  of  these  articles,  the  pleni])otcntiaries  of  Russia  recollected  that  they 
proposed  to  tiie  plenipotentiary  of  the  L'nited  Slates  to  arran!.;e  the  saiit  ariicle  in  the  following 
terms : 

.\i;  III  1,1  W .  "  It  is,  ne\-  rthcless,  understood  that  the  ships  of  the  two  powers,  or  which 
iiclons.;  to  tlu'ir  ■  i/ens  or  subjects,  respectively,  may  mutuall)-  fre(|uent,  without  any  hindrance, 
wliatexcr,  liie  mlerior  seas,  gulfs,  harbors,  and  creeks  ujion  the  said  coast,  for  the  purpose  of 
there  tishi^ig  and  trading  w'ith  the  natives  of  the  country,  llui  the  rici]'rocal  right  granted  by 
this  article  shall  cease,  on  both  sirles,  after  a  term  (;f  ten  years,  to  be  counted  from  tlie  signing 
of  the  i)rcscnt  C(  invention." 

The  plenipotentiaries  of  Russia  added  that,  after  agreenig  to  this  arrangement,  the  pleni- 
potentiary of  the  L'niied  States  had  afterwards  invited  them  Uj  change  the  ending  of  this  very 
article,  and  agree  to  it  as  it  i<  found  signed  in  the  convention,  observing  that  this  sjcond 
arrangement,  inore  conformable  to  the  luiler  of  the  instructions  which  he  received,  is  the  only 
one  which  he  thinks  himself  authorized  to  sign ;  but,  moreover,  that  this  arrangement  does 
not  essiMitially  alter  the  sense  of  that  whicli  had  been  propose',  by  the  plenipotentiaries  of 
Russia,  because,  at  the  end  of  the  lerui  mi'iitioned,  the  -lipulaiion  ceasing  eiiuallv  bv  the  two 
arrangements,  the  reciprocal  power  of  trading  granted  b\-  that  >iipulation  cannot  be  jiroloitged 
beyond  the  said  term  but  liy  mutual  agreement. 

liKler  these  observati<  <  ihc  article  in  'luestion  .has  been  signed,  with  the  modification 
which  ilie  plcnip'i'entiary  of  the  L'nited  States  had  demanded  to  be  there  introduced, 

.\fter  which  all  the  other  articles  were  also  signed  respectively,  and  it  was  resolved  to  pro- 
ceed to  the  signature  o(  the  crmxentioii  itself  on  the  liflh  following. 

I)oiie  at  St.  I'etcrsbnrg,  ,\pril  1.  (14'),  1S.14. 

ili:M<\    MlDhLKTON. 
Ah:sSF.I.k(  )1)K. 

i'<  d  i:ric.\. 


[  KNCi-osrur:  S  in  Mk.   Miiidlp  ion's  Xo.  ;,^.'\ 

Proforo/  of  Sij^iKi/iwr  of  the  Co)i:'cutiou. 

['rixANsl    ■     liN.    I 

'I'he  undersigned,  having  engaged  by  the  protocol  wf  llv.lr  last  conference  to  sign  on  ihe 
5th  .Xiiril  of  the  presf-nl  \  ear  the  convention  nf  which  they  signed  all  the  articles,  assembled 
this  (h,\  ai  two  o'clock  in  the  r.ftcrijMon,  at  the  hotel  inlial)iled  by  Count  Xessclrode,  and  alter 
having  duly  clLiied  \viih  the  said  articles  the  two  copies  of  the  convention  which  ihey  had 
caused  to  be  prepared,  ihey  have  attached  to  both  Ihei-  respective  signatures  and  ihc  seals  of 
their  arms. 


l»o 


at  St.  Tetcrsburg,  .\pril  5,  [17,]  1S24. 


IIK.NKV    MIl)l)(.i:rn\. 

m'sski.rodk. 
1",  1'(»i,i;t!('a. 


[  EstLOSlRi;    1'    IN    Mi;.    MllMVl.lTllN's    No.    35.] 

I  lie   Convention. 


l'rnA.>;si..\ri(is.] 

Ill  the  name  (if  ilic  Mo-i  ilnly  and  liidivisihlo 'Iniiiiv, 

'I'lic  rresidcin  of  ihe  Inited  StiUu-  uf  .\inerita  and  His  Majc>!y  tlic  I'-inpuror  of  nl!  llio 
Kus.sias,  wishiiii;  U>  ccmciU  ilir  limd- iif  amiiy  which  uuiio  tliem,  and  to  .secure  iiclwccn  liit-'m 
ihc  invaria'nle  niaintcnancL'  (if  a  iicrfcct  foncord,  iiy  moans  of  llie  present  convention,  have 
named  as  tlieir  l'leniiioteiuiaii(;s  to  this  effect,  to  wit: 

Tlie  President  of  tiie  L'niti.'d  Stales  of  America.  Henry  Mid'lieton,a  citi/en  of  said  Stales, 
and  their  Kuvoy  I-lxtraordinaiy  and  Minister  I'leni;  itentiary  near  Tlis  Ir.iperii'l  Majesty:  and 
1  lis  _M,ijesty  the  lunpemr  of  all  die  Kiis-ias,  his  heloverl  and  faithful  Charles  Kohcrt  ( 'oiini  of 
Xesselrode,  actual  I'rivy  Counsellor,  .Memlier  of  the  Council  of  State,  Sectctary  of  Stale 
direetini;  tlie  adminisiration  of  l-'orei.ijn  .\ffaiis,  actual  Chamberlain,  K!iit,'!i;  of  the  <  irder  of 
St.  .\le.\ander  .\evsky,  Crand  Cro-.- of  the  (  »nler  of  ,st.  Wladiiiiir  of  tlu  first  class,  Kn.i^iit 
of  that  of  tlu;  While  i'.a;,i(.'  of  roland,  Crand  Cm-s  df  the  Order  of  St.  Sieiihei  of  iluii,L;ary 
Kniijhl  of  tlie  Onk  s  of  the  lloly  ( iliosl  and  of  St.  .Michael,  and  <  iraiid  Cross  of  the  l.ei;ion 
of  Honor  of  I'raiice,  Knii;hl  I  Irand  (.'ross  of  the  <  trder-.  of  iIk.  Mlack  and  -..f  the  Ked  j-.a^de 
of  I'russia,  of  '.he  .\nnuncialion  of  Sardinia,  of  I'harles  Hi  y)[  Spain,  of  St.  herdinaiid  and  of 
Merit  of  Naples,  of  tlie  I'".lcphant  of  1  )enniark,  of  the  I'olar  Star  of  Sweden,  of  the  I'rowii  of 
Wiirtemlier;,',  of  the  Cuel|)lis  of  Hanover,  of  Ihe  lleleic  l.ioii,  of  I'idelity  of  lladen,  and 
of  St.  Constantine  of  i'arma;  and  I'ierre  dc  I'oletiea.  actual  Coiiii.sellor  of  State,  Kniijlit  of 
the  order  of  Si.  .'Mine  of  the  lirst  cla,-s,  and  Crand  Cros.-,  of  the  ( )rder  of  St.  W  ladimir  of  liie 
second ; 

Will,  after  having;  exchanged  their  full  powers,  found  in  ^ood  and  due  form  luue  aLM-eed 
upon  and  signed  the  following  siipulaiions : 

.\kii(.l.K.  I  It  is  a^'reed  that,  in  any  part  of  the  Creat  '■  )cean,  eonnnonly  called  ilic  i'atit'C 
<  icean.or  S(.iiitli  Sea,  liie  respective  (.  iti/ens  or  .-ulijecl-  of  the  hieli  contracting;  Powers  shall  he 
neiliicr  dislurlied  ncn-  restrained,  either  in  navieation  or  in  lishing,  (jr  in  the  power  of  resortinj,' 
to  the  coasts,  U[ion  |)oint.s  which  may  not  already  have  been  oceu|jied,  for  the  purpo^e  of  trading 
with  the  natives,  .-a\ing  alwa\s  ihe  re-lrictions  and  conditions  deternuiied  l.'V  the  following 
.n-ticles. 

.\lMI('!,t'  II.  With  a  \iew  of  prewnting  the  righ.ts  ot  navigation  and  of  lislnng  e.\ercised 
upoii  the  t  ireal  1  Iceaii  hy  the  cili/ens  and  subjects  of  the  high  contraetir;g  Powers  from  becom- 
ing the  preleM  for  an  illicit  trade,  it  is  agreed  that  the  citizens  of  the  L'nited  Slates  shall  not 
re.sort  to  any  point  where  there  is  a  Russian  establishment,  without  the  jiermission  of  the  gov- 
ernor or  c(.iniiiaiider;  and  thai,  rcci[iidcal!y,  the  subjects  of  Russia  shall  not  lesort,  without 
permission,  to  any  esiabii.-hiiient  of  the  l'nited  .States  upon  the  Xorthwest  coast. 

.\  K  licit'.  HI  It  i»  moreover  agreed  that,  hereafter,  there  shall  not  lie  formed  by  the  eitl/.eiis 
of  the  Ciiiled  Stales,  or  under  the  authority  of  the  said  Slates,  any  establishment  upon  the 
Northwest  coast  of  America,  nor  in  any  of  the  islands  adjacent,  to  the  north  of  tifiy  four  degrees 
and  liirly  minutes  of  north  laiiuvle;  and  that,  in  the  same  maimer,  there  shall  be  none  formed 
liy  Russi.ni  subjects,  or  under  tin   authority  of  Rus.>ia,  south  of  the  same  parallel. 

Ari'K  1.1.  1\'.  It  is,  ne\ertiieless,  understood  that  durinya  term  often  years,  counlilig  from 
the  sigiutture  of  the  ])resent  eonveniion,  the  shi|is  of  both  Powers,  or  which  belong  lo  their 
lit  i/ens  or  subjects  respectively,  may  reciprocally  fre(|ueni,  without  any  hindrance  whatever, 
ilic  interior  seas,  gulfs,  harbors,  and  creeks,  upon  the  eoa.st  mentioned  in  the  preceding  article, 
lor  the  purpose  of  lishing  and  trading  with  the  natives  of  the  country. 

.Vktici.k  \'.  .All  spirituous  li(|uois,  lire-arms,  other  arms,  powder,  and  munilions  of  war  o| 
e\eiy  kind,  aiealway.-.  exiepled  from  this  same  commerce  permitted  by  the  preceding  article; 
and  Ihe  two  Powers  engage,  recipriically,  n('ilh(;r  to  sell,  nor  suffer  tliem  to   be  sold,  to  the 


HJlU.l.J..!,,. .IJ^..» 


64 


natives  bv  llieir  rcspcclivc  cilizcns  ami  siihjiOts.  nor  by  any  ])erson  who  may  be  under  their 
aiiiluirily.  It  is  likewise  siipiiinteil  iliat  this  rcstriciion  shall  never  alTurd  a  jiretext,  nor  be 
advanrcd,  in  any  case,  In  aiuliorize  either  searcii  or  :Uteniion  uf  the  vessels,  sei/.me  of  tlie 
merchandise,  or,  in  line,  any  measures  of  constraint  whatever  towards  the  merchants  or  the 
crews  who  may  carry  on  tliis  conuiicrce;  the  liit:h  conlractini;  Powers  reciprocally  reserving; 
to  themselves  {o  delenuine  upon  the  penalties  to  l>e  incurred,  and  to  inllict  the  punishments  in 
case  of  the  contravention  of  this  articL;  by  their  respective  citizens  or  sniijects. 

AlMli'l.K  VI.  When  this  c<invention  shall  have  been  duly  ratilied  by  the  I'resident  of  the 
I'niled  Stales,  u  ilh  the  advice  an<l  consent  of  the  Senate,  on  the  one  part,  and,  nn  the  other, 
by  His  Majesty  the  Mmperor  of  ,t11  the  kii^sias,  the  r.atilications  shall  be  exchanyeil  at  Wash- 
ini.;tiin  in  the  -pace  often  moiuhs  fnim  the  date  below,  or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  sii;ned  this  convention,  and  thereto 
affixed  the  seals  of  their  arms. 

I  lone  at  Si.  I'etersl'uri;  the  17-5  .\])ril,  of  the  year  of  tirace  one  tlujusand  ei_L;ht  hundred 
ai:  1  twenty  fnui-. 

IlKXRV   MIDDI.KTOX.  [i .  s.] 

l.e  Comte  CII.\RI.KS  DK  XKSSKl.Rt  IDE.     [1,.  ^i.] 

riERRE  L>E  POLETICA.  [l.  s.] 


No.  36. 

Coiivculiou  bckocc)}  Great  Ih-ifaiii  and  Russia 

h\/i!/h't  to  "  the  commerce^  iidvi^n/ii'ii,  iiiiJjh/urii's  ••/  tlitir  siihjiw's  v)i  t/ic  J'acifu-  Oct'aii,  as 
'i'c/l  (IS  till-  limits  of  their  ivspi'otivi'  /•ossrssioiis  on  ttir  iiort/mh'st  roast  of  AmcrioaP 

SicNKD  .Af  Sf.  ri;ii,KsiiuK(;,  I'KiiiuwRV  \\,  1S25. 


I  I'.x  rK.\cr.  I 

.\Kni  I  I-;  I.  It  is  aLjreed  that  the  respective  subjects  of  the  high  contracting  parties  shall 
not  I'e  irouliled  or  molested,  in  any  part  of  the  ocean,  commonly  called  the  I'acitlc  ( )cean, 
either  in  luwiuatiiiL;  the  Name,  in  tlshinu;  therein,  or  in  landing  at  such  parts  of  the  coast  as  shall 
not  ha\e  been  alrea'.K'  occupied,  in  order  to  trade  wiiii  the  natives,  under  the  re-tricti(jns  aiul 
coniiitioiis  specitled  in  the  following  articles. 

.\l<ri(li  II.  Ill  or<ler  to  prevent  the  right  of  iia\  igation  and  hsliing,  exrrcised  upon  the 
ocean  ''V  the  sul.jreis  of  the  high  eoiuracling  jiarlies,  from  becoming  th.e  pretext  lor  an  illicit 
commerce,  it  is  agreed  that  the  subjects  of  His  Ihitaiinic  .Majesty  shall  not  land  at  any 
pl.u'c  where  there  may  be  a  Russian  establishment,  without  the  permissioii  of  the  governor  or 
coimnand.nit :  aiul.'.'n  the  other  hand,  that  Ku-.-ian  subject-  shall  not  land,  without  permission, 
at  aiu    Ihitish  esi.iblishment  I'li  the  northwest  coast. 

.\ki'Ii  ri'  \I.  Ii  i~  understood  that  the  subjects  of  Ilis  llrilannic  Majeslv.  from  whatever 
i|u.uier  ihey  may  arrive,  whether  from  the  (  icean.  or  from  the  interior  t)f  the  continent,  shall 
forever  enjoy  the  right  of  navigating  freely,  and  wuhoiil  any  hindrance  whatever,  all  the  rivers 
and  'lifams  whieli,  in  their  coui>c  toward-  the  Pacific  1  leean.  may  cn.'ss  the  line  of  demarca- 
tion upon  the  line  o(  coast  described  in"  Article   5  ol  the  pre-ent  convention. 


J  under  their 
retext,  nor  be 
,ei/.ine  of  the 
cliani.s  or  the 
\\\\  reserving; 
inishiuciits  in 

sulont  (jf  the 
nu  the  other, 
,x>il  at  \\a>h- 

,  iiud  thereto 

\<j]i\.  humh-ed 

['  •  -] 
•.     [1..  s.] 

[L.    S.] 


Articlk  \'II.  ]t  is  also  understood,  tliat,  for  liie  space  of  ten  years  from  the  s!i,niature  of 
the  present  convention,  the  vessels  of  the  two  powers,  or  those  i)elon<;int^  to  tlieir  r.spcctive 
subjects,  shall  mutually  be  at  liberty  to  frequent,  without  any  hindrance  whatever,  all  t!it  inland 
seas,  the  L;ulfs,  havens  and  creeks  on  the  coast  mentioned  in  Article  3  f<  r  the  purpose  of  fish- 
ing and  of  tra('.ing  with  the  natives. 

ARi-ici.4i,\'III.  The  jxirl  of  Sitka,  or  Xovo  Archan,.^elsk,  ^hall  be  open  to  tiie  commerce 
and  vessels  of  iSritish  subjects  for  the  space  of  ten  years  from  the  dale  of  the  exchant^e  of  the 
ratitk-ations  of  the  present  convention.  In  the  event  of  an  extension  of  this  term  often  years 
being  granted  tn  any  other  pcjwer,  the  like  extcn-icjn  shall  be  granted  also  to  Great  liriiain. 

.Vrticm-  IX.  The  above  mentioned  lil.'crty  of  commerce  shall  not  apply  to  the  trade  in 
-spirituous  liquors,  in  fire-arms,  or  other  arms,  gunpowder,  or  other  warlike  stores;  the  high 
contracting  parties  reciprocally  engaging  not  to  permit  the  above-mentioned  articles  to  be  .sold 
or  delivered,  in  any  manner  whatever,  to  (he  natives  of  the  country. 

NoTK.— By  Article  XI 1  of  the  treaty  between  Great  Britain  and  Russia 
signed  January  11,  1S43,  '*  '^  stated  that  "It  is  understood,  that  in  regard 
to  commeree  and  navigation  in  the  Russian  pos.sessions  on  the  northwest 
coast  of  America,  the  convention  conchidetl  at  St.  l\tersbin-g,  on  tlie  ,^|th 
February,  1825.  continues  in  force." 


N 


o. 


0/' 


'//r  Ocean,  as 


parties  shall 
"acific  Ocean, 

const  as  shall 
■tricti(jns  aiul 


-ed  upon  the 
t  Ibr  an  illicit 
land  ai  any 
e  governor  or 
111  permission, 

dm  whatever 
iiitinent,  shall 
,  all  the  rivers 
^  of  dcmarca- 


Bai'oii  Krudcncr  to  Mr.  Dickins. 

[Tkansl.vtion-.] 

W.vsHiNcrroN..  JA/i'  \\,  1833. 

Tlie  undersigned.  Envoy  Extraordinary  and  Minister  Plenipotentiary  of 
His  Majesty,  the  Emjieror  of  all  tlie  Russias,  has  tiie  honor  to  address  the 
lollowing  connniuiiiation  t(j  ^^r.  Dii  kins,  who  has  charge  of  the  Department 
of  Foreign  Relations,  during  the  ab^eiu  .■  of  the  Secretary  -.jf  .State. 

The  convention  conchRb  tl  between  Russia  and  the  United  States  on  the 
jlr  of  April,  1S24,  regulated  various  points  rtsjiecting  the  commerce  and 
navigation  of  the  vessels  of  each  nation,  along  the  northwest  ( oast  of  Amer- 
ica. 'I'he  fourth  article  of  this  conventinn  grants  lo  .American  vessels  bjr  ten 
years  after  the  dale  (jf  the  signature  thereof,  tlie  right  of  fretiiieiiting  without 
any  hindrant  e  whatever,  the  interior  seas,  gulfs,  harbors,  and  creeks  (om- 
priseil  w  ithin  the  limits  of  the  Russian  possessions  on  the  aforesaid  coast, 
and  espe(iallv  northward  of  54^  40' of  north  latitude. 

This  jjeriod  (d"  ten  years  exjiired  on  tb.e  {\  of  April.  1.S54  :  notwithstand- 
ing which,  two  American  captains,  Snow  and  .Mien,  who  were  then  in  the 
port  of  Novo  Archangelsk.  declared  their  intention  to  visit  the  an(  horitig 
jilaces  on  the  coast  beltaiging  to  Russia,  as  I^efore,  on  the  plea  that  they 
had  received  no  notice  of  the  ces-ation  of  this  ]irivilege  from  their  (rovern- 
nient.      'I'his  declaration  inuticed  Ca])tain    l^aron   de    W'rangel,  ( lovernor   of 


^■P 


66 

the  Russian  Amcriian  colonies,  to  state  formally  to  Captains  Snow  and 
Allen,  by  a  circular  addressed  to  them,  under  date  of  Ai>ril  27th,  that  by 
the  terms  of  the  convention  of  A])ril,  1824,  American  vessels  had  no  longer 
the  right  of  landing  at  their  discretion  at  all  the  landing  jjlaces  of  the  said 
possessions  in  America. 

In  consecpience  of  what  is  here  exposed,  the  ministry  of  His  Majesty,  the 
Emperor  of  all  the  Kussias,  has  ordered  the  undersigned  to  call  the  atten- 
tion of  the  .American  (iovernment  to  the  fact  that  the  fourth  article  of  the 
treatv  of  /'.  of  April,  1S24,  by  which  indefinite  and  indiscriminate  liberty 
(inic  libcrti'  i/n/rji/n'r  cf  iiuUstinctc)  of  frequenting  the  respective  possesions 
of  each  part\-,  on  the  northwest  coast,  was  granted  to  the  vessels  of  each, 
has  expired.  The  new  state  of  things  brought  on  by  the  terms  of  the  treaty, 
since  the  ex]>iration  of  the  said  ten  years,  not  having  been  sufficiently  appre- 
ciated by  the  navigators  of  the  United  States,  who  have  latterly  frequented 
the  Russian  possessions  on  the  northwest  coast  of  North  America,  it  ai)pears 
to  be  necessar\-  that  the  Ameriian  public  should  be  informed  of  the  actual 
state  of  the  relations  on  this  subject,  and  the  undersigned  has  been  ordered 
to  invite  the  Government  of  the  United  States  to  take  the  most  suitable 
measures  with  regard  to  it. 

The  tmdersigned,  c^c, 

15.   KRUDENER. 


No.  ;8. 


Mr.  Dickiiis  lo  Baron  Krudcner 


Df.PARTMKN  T  OF  StATE, 

Washinctox,/////^' J,  iSjs- 
The  undersigned.  Acting  Secretary  of  State,  has  the  honor  to  acknowl- 
edge the  receijit  of  the  note  addressed  to  him  on  the  19th  (3rst)  ultimo,  by 
Baron  Krudener,  Envoy  Extraordinary  and  Minister  Plenipotentiary  of  His 
Majestv,  the  Em])eror  of  all  the  Russias,  reminding  this  Ciovernment  of  the 
expiration  of  the  fiiurth  article  of  the  treaty  of  ,^Y  April,  1.S24,  between  the 
I'nited  States  and  Russia,  which  sectired  to  American  and  Russian  \essels 
the  privilege  ol"  fretiuenting  the  resi)ective  ])ossessions  of  the  two  powers  on 
the  northwest  coast,  and  suggesting  the  propriety  of  the  adoi)tion  of  proper 
ini'asures  to  iiotils  this  fact  to  the  jieople  of  the  I'nited  States. 

■|'he  undersiLMied  has  the  honor  to  inform   Baron   Krudener  that  he  will 


take  an  earlv 
he  avails,  \-c, 


iiortunitv  to  submit  his  communication 


to  tl 


le  President,  an 


d 


ASBURV  dic;kins. 


67 
No.  39. 

Mr.  ForsytJi  to  Baron  Krudencr 


Sir 


Department  of  State, 

Washington,  June  24.  j8jj. 


I  have  the  honor  to  inform  you  that  your  note  of  the  iQth-^ist  ultimo, 
calling  the  attention  of  this  Government  to  the  fact  that  the  fourth  article  of 
the  convention  of  April,  1824,  between  the  United  States  and  Russia,  had 
expired  by  its  own  limitation  during  the  year  1834,  and  suggesting  the  pro- 
])riety  of  making  this  event  knuwn  to  the  American  ])ul)lic,  has  been  laid 
before  the  President  for  his  consideration.  As.  however,  the  motives  which 
led  to,  and  rendered  expedient  the  adoi)tion  of  that  article  of  the  treaty  of 
1834,  exist  now  in  ecjual  force,  and  as  the  arrangement  has  been  found 
mutually  beneficial  to  the  interests  of  the  citizens  and  subjects,  res]iectively, 
t)f  the  contracting  parties,  without  inconvenien(  e  to  either,  I  am  instructed 
to  ajiprize  you  that  the  President  would  i)refer  not  to  take  any  active  mea- 
sures to  interru])t  the  commercial  intercourse  between  the  I'nited  States  and 
the  Russian  settlements  on  the  northwest  coast  of  America,  unless,  in  your 
opinion,  there  is  reason  to  believe  that  a  proposition  on  the  part  of  this 
(iovernment  for  the  renewal  of  the  attit  le  reterred  to.  would  not  be  met  in 
a  favorable  spirit  by  the  (Juvernment  of  His  Imjjerial  Majesty  at  St. 
Petersburg. 

An  earlv  answer  to  this  communication  if  vou  are  not  aware  of  any 
difficulty,  on  the  part  of  your  (iovernment  in  the  way  of  such  a  negotiation, 
will  enable  me,  without  unnecessary  delay,  to  transmit  the  requisite  instruc- 
tions on  the  subject  to  the  diijlomatic  representative  of  the  United  States  in 

Russia. 

I  ])rav  vou.  sir,  to  accept,  iV'c, 

JOHN  FORSYTH. 


No.  40. 
Baron  Krudener  to  Mr.  Forsyth. 

[Thansi.ation.] 

T'mi.ADEi.rHiA, ///;/^  29.  (////v //,) /(9?5. 
The  undersigned.  Envoy  Extraordinary  and  Minister  Plenipotentiary  of 
His  Majesty  the  Emperor  of  all  the  Russias.  has  received  the  n(.)te  of  June 
24th  which  was  addressed  to  him  by  Mr.  Forsyth,  Secretary  of  State  of  the 
United  States.  Fie  would  have  made  it  a  ilut\  to  answer  it  inunediately, 
had  the  state  of  his  health  permitted. 


WBi^as 


68 

The  iindcrsigiK'fl  iv^rets  that  it  is  entirely  out  of  his  power  to  ^^ive  any 
distinct  ojjinion  as  to  tiie  result  which  might  attend  any  steps  on  the  part  of 
the  Cabinet  of  the  United  States  to  engage  the  Covernmcnt  of  Fiis  Imperial 
Majesty  to  stipulate  a  renewal  of  the  fourth  Article  of  the  treaty  of  the  jVth 
of  April,  1824,  which  ceased  to  be  in  force  last  year.  It  being  thus  im- 
possible for  the  undersigned  to  foresee  the  intentions  of  the  Emi)er()r,  he 
can  only  i)ersevere  in  compliance  with  the  orders  transmitted  to  him  by  the 
Ministry,  and  in  repeating  the  demand  which  formed  the  object  of  his  note 
t)fthe  V'l  of  Mav.  The  undersigned  is  the  more  obliged  to  comply  with 
this  duty,  as  the  instructions  with  which  he  is  furnished  on  this  subject  are 
positive,  and  ex])ress  no  doubt  as  to  the  readiness  of  the  American  Ciovern- 
ment  to  proceed  to  the  publication  requested. 

The  undersigned,  \:c., 

B.  KRUDENER. 


No.   41, 


Jlf/-.  /u>rs\'///  !o  Baron  Krndcncr 


Department  of  State, 

Washington, ////t  21,  iSjj. 


Sir: 


I  h.ave  received  vouv  note  of  the  2f;th  June  (nth  July),  declining  to  ex- 
press aii  opinion  as  to  the  |)robable  result  of  an  application  on  the  ];art  0! 
tb.is  ('rovernment  to  that  of  His  Imperial-Majesty  for  a  renewal  of  the  fourth 
article  of  the  convention  of  1S24.  between  tlv.-  I'nited  States  antl  Russia,  and 
reiterating  the  rt.  quest  contained  in  your  communication  of  the  19th  (31st) 
Ma}-  last,  thav  the  fad  (jf  the  expiration  of  the  term  limitul  in  the  article 
referred  to.  should  be.  in  st>me  form,  brnught  into  notice,  fur  the  informa- 
tion of  the  American  public.  I  have,  in  answer,  the  hor.nr  to  state  that  a 
forma!  notice  from  the  Government  is  not  deemed  ne<'essar}'.  All  the  citi- 
zens of  the  United  States  are  bound  to  know  existing  laws,  and  their  rights 
and  obbgiitions  und'-r  existing  treaties.  Still,  however,  as  His  Imperial 
Majestv's  Government  has  especialh'  invited  the  attention  of  this  ( lovern- 
ment  to  the  subiect,  an  informal  notice  will  be  given  tlirough  the  public 
iournaN  o\  IJaron  de  Wrangel's  warning  to  the  cajitains  of  American  vessels 
on  the  northwest  coast  of  this  continent. 

I  will  be  verv  hap])v  to  receive  from  you,  as  early  as  ])racticable,  pre<ise 
information  of  the  measures  His  Imperial  Majesty's  Ciovernment  has  adopted, 
or  proposes  to  adopt,  in  relation  to  the  subject,  as  corresponding  regulations 
ma\'  be  deemed  necessary  b\-  the  United  States  in  regard  to  Russian  subjects 
in  the  event  of  tlie  non-renewal  of  the  treaty  stipulation. 

I  pra\  you  to  acce])t,  (!\:c., 

JOHN  FORSY'IH. 


the  fyth 


^Jj- 


69 

No.  42. 
JUii-on  Krudciwr  to  J/r.  Forsyth. 

[Tn.\N;,LAlIf)N,] 

The  undersigned,  Envoy  Ivxtraordinarv  and  Aliiiistcr  PleniiJotentiary  oi 
His  Majesty  the  Emperor  of  all  the  Russias,  has  iiad  the  honor  to  receive  the 
note  dated  July  21st,  in  which  Mr.  Jursyth,  Secretary  of  State  of  the  United 
States,  in  re]jly  to  his  communication  of  June  29,  (July  11.)  informs  him 
that  the  (Government  of  the  United  States  intended  tf)  insert  in  the  iiulilic 
newsjKipers,  an  unofficial  notice  of  the  warning  given  b_\  Jiaron  W'rangel  to 
the  captains  of  American  vessels  on  the  northwest  coast  of  this  continent 
respecting  the  expiration  of  the  fourth  Arti(  le  of  the  treaty  of  Ai)ril  /y, 
1824;  expressing  also  a  desire  to  receive  from  ihe  undersigned,  as  soon  as 
possible,  jjrecise  information  with  regard  to  the  measures  which  the  Imperial 
Government  has  adopted,  or  may  adopt,  on  this  subject,  as  corres]}r)nding 
regulations  with  regard  to  Russian  subjects  may  be  considered  necessarv  in 
case  the  stipulation 'of  the  treaty  be  not  renewed.  The  undersigned  has 
without  delay  submitted  to  his  (Government  the  said  note  of  the  Secretary 
of  State,  and  will  communicate  to  him  the  results  as  soon  as  they  are  re- 
ceived. 

The  undersigned.  i.Vi-.. 

B.   i.E  KRUDIAER. 


No.  43. 

Air.  Forsyth  to  Mr.   \Mlki)is. 

[No.  4.]  Dep-vrpment  of  Siatf, 

\Vasiii\(;t()n.   ////r  JO,  /(^jj. 
Sir: 

I  transmit  to  you,  enclosed,  the  copy  of  a  recent  ( orrcspondence  with 
iiaron  Krudener,  the  diplomatic  representative  of  His  Majesty  the  Emperor 
of  Russia  at  Washington,  regarding  the  4th  articK;  of  the  coinention  of  April, 
1824,  between  the  I'nited  States  and  that  Em])ire.  It  will  l)e  perceived 
from  these  i)apers.  that  the  Baron  has  taken  occasion  to  renund  this  (Govern- 
ment of  the  exijiration  of  the  term  limited  in  that  article,  and  to  re([uest  that 
a  notification  of  this  fact  may  be  given  for  the  information  of  the  Amcican 
public.  An  informal  notii  e  has  been  act  ordingly  published  in  the  GIoIh-  of 
the  22d  instant,  of  Baron  de  Wrangel's  warning  to  the  <  aptains  of  certain 
American  vessels  trading  with  the  Russian  settlements  on  the  northwest  coast 
of  America.  It  will  also  be  seen  that,  in  answer  to  an  intpiiry  from  this 
Department,  Baron   Krudener  iias  declined  to  express  an   opinion  as  to  the 


70 

prol)ablu  result  of  a  proposition  to  His  Imperial  Majesty's  Government  for  a 
renewal  of  the  article  referred  to. 

It  therefore  becomes  necessary,  and  you  are  now  authorized  by  the  Presi- 
dent's direction,  to  enter  immediately  upon  a  negotiation  with  the  Govern- 
ment of  His  Imperial  Majesty,  if  it  should  l)e  found  willing  to  entertain  the 
jiroposition,  for  the  renewal  of  the  stipulations  of  the  4th  article  of  the  con- 
vention of  the  5th  (lythj  A])ril,  1824,  for  an  indeiinite  period,  or,  if  this 
cannot  be  had,  for  a  term  of  years. 

There  is  reason  to  believe  that  the  course  pursued  by  the  Captain  Baron 
de  Wrangel,  Governor  of  the  Russian  American  colonies,  incidentally  men- 
tioned in  the  Baron  de  Krudener's  letter  of  the  31st  May  last,  has  been 
instigated  by  the  Russian  American  Fur  Company;  and  it  is  not  improbable 
that  rei)re.sentations  of  a  character  similar  to  those  made  to  the  Governor, 
and  from  the  same  source,  have  been  transmitted  to  St.  Petersburg.  If 
prejudices  exist  of  the  nature  ai)prehended,  and  tending  to  defeat  the  object 
now  in  view,  they  will  be  easilv  discoverable  in  your  intercourse  with  the 
Russian  Minister  of  Foreign  Affairs,  and  you  will  take  an  early  opportunity 
to  discredit  them,  by  showing  that  representations  growing  out  of  private 
interests  are  always  to  be  received  with  great  caution,  and  should  not  be 
suffered  to  influence  the  decision  of  a  question  which  may  be  productive  of 
injury  to  the  citizens  and  subjects,  respectively,  of  the  contracting  parties. 

The  motives  that  prompted  the  adoption  of  the  fourth  article  of  the  treaty 
of  1824,  by  the  parties  to  that  convention,  exist  now  in  etpial,  if  not  super- 
added force;  since  it  will  not  be  denied,  that  it  has  been  mutually  beneficial 
to  the  citizens  of  both,  without  be'ig  inconvenient  to  either.  Serious  objec- 
tions on  the  part  of  Russia,  thereiore,  to  the  renewal  of  the  stipulations  con- 
tained in  it,  can  hardly  be  anticipated.  Should  this  reasonable  expectation, 
however,  be  disa[)pointed,  it  is  the  wish  of  the  ['resident  that  you  should, 
without  unnecessary  delay,  obtain  from  His  Im[)erial  Majesty's  Government 
precise  information  in  regard  to  the  measures  adopted,  or  projjosed  to  be 
adopted,  on  its  part,  in  relation  to  the  admission  of  American  vessels  into  the 
harbors,  bays,  and  rivers  of  the  Russian  settlements,  on  the  northwest  coast 
of  this  continent,  in  order  that  corresponding  regulations,  if  deemed  neces- 
sary, may  be  made  by  this  Government. 

I  am,  iS:c., 

JOHN  FORSYTH. 


[F.NCLOSUKK    IN    Ml(.    KoKSYTH's    Nil.    4.] 

Extract  from  thf  "  Globe''  nnospuper  of  July  23,  iS^j. 

It  will  be  recollected  that  a  convention  was  concluded  between  the  United  States  and 
Russia  in  April,  1824,  regulating  various  matters  connected  with  the  commerce  and  naviga- 
tion uf  the  two  nations,  on  the  northwest  coast  of  America.  Hy  the  4th  article  it  was  stipu- 
lated that  the  ships  of  both  nations  might,  during  a  term  often  years,  freiiuent,  without  hindrance, 
the  interior  seas,  gulfs,  harbors,  and  creeks  of  each  nation  on  tliat  coast,  for  the  purpose  of 
fishing  and  trading  with  the  natives  of  the  country,     'the  ten  years  expired  in  April,  1834; 


iient  for  a 

the  Presi- 
:  Govern- 
crtain  the 
"  the  con- 
Dr,  if  this 

lin  Baron 
ally  men- 

has  been 
iprohable 
jovernor, 
)urg.  If 
:he  object 

with  the 
portunity 
)f  private 
d  not  be 
luctive  of 
parties, 
the  treaty 
lot  super- 
beneficial 
)us  objec- 
ions  con- 
)ectation, 
11  should, 
vernmcnt 
led  to  be 
s  into  the 
i^est  coast 
ed  neces- 


k'TH. 


71 

and  we  understand  that  formal  notice  has  het-n  ^nven  by  the  Governor  of  the  Russian  coloni<s, 
to  tlie  masters  of  tlie  American  ships  then  trading  there,  that  they  couhl  no  l„n«er  eiaim,  under 
the  convention,  the  right  of  landing,  at  all  the  landing  places,  without  disti.  ction,  l.elonging 
to  Russia  on  that  coast.  Those  interested  in  the  trade  will  not  fail  to  observe  ihat,  under  the 
2d  article  of  the  convention,  it  is  necessary  for  all  American  vessels,  resorting  to  my  point  on 
that  coast,  where  there  is  a  Russian  establishment,  to  (.btain  the  permisMon  of  the  governor  or 
commander. 


No.  44. 

Mr.   Willatis  to  Mr.  Forsyth. 

[No.  14.]  Legation  ok  the  Unithd  States, 

St.    Petersburg,  iVi^rrw^v  23,  1835. 

In  the  last  despatch  which  I  hau  the  honor  to  address  to  you,  on  the  26th 
of  September  last,  f  informed  you  it  was  likely  you  would  not  again  hear  from 
ine  until  after  the  return  of  the  P:mperor  and  Count  Nesselrode  to  this  capital. 

His  Majesty  returned  on  the  ist  instant,  having  been  preceded  a  few  days 
b)  his  Minister  of  Foreign  Affairs. 

Immediately  upon  receiving  from  Count  Nesselrode  the  usual  witten 
notice  of  his  having  resumed  the  duties  of  his  official  station,  I  addressed  him 
a  note  and  recpiested  him  to  name  a  day  when  I  might  have  the  honor  of  a 
personal  conferent-e.  He  mentioned  the  4th  instant.  1  waited  ujjon  him 
accordingly  at  the  foreign  office,  and  disclosed  to  him  the  wishes  of  the 
American  Cover;- nient  in  reference  to  the  renewal  of  the  4th  Article  of  the 
treaty  of  April,  1824',  and  held  with  him  such  conversation,  and  placed  the 
matter  in  that  light,  which  seemed  to  me  the  most  proper  and  in  ai  cordance 
with  my  instructions.  Upon  the  close  of  our  conversation,  I  handed  to  him, 
in  writing,  a  memorandum  of  the  [iroposal  you  authorized  me  to  submit. 
The  view  in  which  I  placed  the  matter,  and  the  substance  of  the  conversation, 
will  appear  (and,  therefore,  need  not  be  more  particularly  detailed)  by  refer- 
ence to  the  copies  of  the  notes  which  I  addressed  to  him  immediately  after 
the  conference,  simply  noting  two  observations  wliich  fell  from  him.      '^      * 

I  have,  i!v:c., 

WM.   WILlvlNS. 


States  and 
md  naviga- 
was  stipu- 
hindrance, 
purpose  of 
.pril,  1834; 


[Enclosuki!  I  IN  Mr.  Wilkins'  Xo.  14.] 

Mr.   Wilkins  to  Count  Nesselrode. 

St.   Petersburg,  Aioi'evihcr  i   '\x),  i8^;. 

vl.  J,  ...  ...  ...  .,,  '  ..,  "^ 

-P  -f^  -1-  -h  -f  -1-  ;i; 

•  Notwithstanding  his  very  recent  conversation  with  Count  Nesselrode  in 
reference  to  the  proposition  of  the  American  (Government  to  renew  the  expired 
4th  article  of  the  treaty  of  April,  1824,  the  undersigned  will  embrace  the 
present  occasion  to  repeat  what  maj  then  have  been,  in  a  very  brief  manner, 


7a 


rights 


VLilialK  represented,  and  to  add  a  few  remarks  immediately  hearing  upon 
that  (|iiesti()n. 

'Vhv  diplomatic  rejiresentative  of  His  Imperial  Majesty  at  \\'ashiiigt<-n 
Citv  JKiving  taken  o<  <  asion  to  remind  the  I'nited  States  of  the  e.\])iration  of 
the  ten  vears  stipulated  in  the  4th.\rti(le  of  the  treaty  of  1K24,  and  to  desire 
thereon  the  acticjn  of  their  <  hiel  nuigistrate,  is  indie  ative  of  the  ne(  essity  that 
the  two  governments  should,  as  early  as  convenient,  come  to  a  decision  u]Jon 
the  poli'  y  hereafter  to  control  their  citi/ens  and  subjects,  respectively,  upon 
the  northwest  < oast.  Henc  e  it  is  that,  under  express  instructions,  the  under- 
signed had  the  honor,  inunediately  upon  the  return  of  his  excellency  Count 
Nessehode  to  the  (apital.  to  call  his  attention  to  the  (jueslion,  and  to  submit 
to  him  his  ]iroi)osal  of  (Jctober  23  (X(;vend)er  4),  of  which  the  undersignetl 
delivered  at  the  time  a  memorandum  in  writing. 

'I'lie  motives  whi'  h  influeui  e  the  Government  of  the  I'nited  States  in 
submitting  that  |)ro|)o^ition  to  the  Imperial  Ministry,  will  be  found  to  arise 
out  of  a  consideration  of  the  following  circumstances: 

ist.  The  desire  to  avoid  any  difti(  ulty.  anil  apprehension  of  collision, 
between  the  iniiabitaiits.  traders,  and  fishermen  upon  that  wild  coast,  so 
remot-'h  situated,  but  with  very  few  and  widely  sei>aralid  posts  of  <  ivili/a- 
tion,  and  the  entire  (ountry  almost  so  exc  lusivel\  oc(  upied  by  savage  tribes 
as  to  render  restraint  and  prcjper  responsibility  to  the  law,  well  nigh  out  of 
the  (jin '^tion  with  either  (Government. 

2(1.  The  i>roi)osed  arrangement  would  render  defmite  and  jjreci.se  the 
and  duties  of  the  subjects  and  ;i/ens  of  the  contracting  parties 
respectiveh'.  and  would  obviate  all  necessity  to  resort  to  a  construction  of 
the  remaining  arti<  K-s  of  the  treaty  of  Ajjril,  1824,  and  would  likewise  avoid 
an\  chancf  of  i  ontlw  ting  interpretations  of  that  instrument. 

y\.  SiiK  e  the  undersigned  had  the  honor,  in  their  personal  conference 
the  other  tlay.  to  be  iniormed  b\  his  excellency  Count  Xesselrode  of  the 
arrangement  relative  to  the  trade  a'.id  intercourse  upon  the  northwest  coast 
of  America,  subsistini:  at  ])resent  between  the  governments  of  Russia  and 
Great  Britain,  he  has  turned  to  the  ist  and  nth  articles  of  the  commercial 
treaty  of  the  6th  (iHth)  of  December,  i<S32,  between  Russia  and  the  United 
States,  and  begs  leave  to  call  the-altention  of  the  Imperial  Minister  to  the 
same  articles,  who  will  upon  their  peru.sal,  see  for  himself  how  far  their  pro- 
visions bear  uiioii  the  present  subject,  and  whether  they  may  not  give  rise  to 
an  imiuiry.  whi(  h  may  be  rendered  unnecessary  by  an  ac(piies(  eiue  in  the 
propiised  arrangement. 

4th.  Touching  the  especial  matter  in  question,  tb.e  proposed  arrangement 
wcjuld.  it  is  believed,  place  the  three  nations,  Russia,  England,  and  the 
United  States,  upon  the  same  fair  footing,  and  up(jn  the  same  equality,  in 
the  enjoyment  of  a  coinmunitv  of  ])rivileges. 

In  the  i)erso!ial  interview  (u' the  4th  instant  (N.  S.),  his  ex(  ellencv  Count 
Nesselrode  mentioned  two  'ircum^tani  es  to  whic  h  the  undersigned  will  now 
refer  for  a  nKiineiit.  One  was,  tiie  objection  entertained  bv  the  Imperial 
(luvernment  to  all  trafllc  in  fire-arnis  and  s]iirituous  li(jiiors.  bv  .American 
citi/ens.  with  the  native  Indians.  To  this  the  undersigned  now  re[)li^'s,  as 
he  did  then  \  ery  succinctly,  that  it  is  believed  the  treaty  of  1S24.  <>)ntaining 
astipulation  against  that  traffic,  inunediately  [)ut  an  end  to  it;  that  there 
have  been  no  infractions  since  its  ado|)iion — certainly  none  complained  of 
in  rejjresentations  to  the  Government  at  Washington;  that,  as  a  farther 
assurance  against  infriui/ement 


i]jon 


ip 


evidence  of  the  sincere  desire  of  his  government  to  enforce  it,  the  under- 
signed, immediately  after  their  conferen<  e,  enclosed  to  his  excellency  a  copy 
of  a  law  ])assed  by  Congress,  declaring  certain  prosecutions  and  penalties 


against  those  wlio  should  offend  against  tliat  provision  of  the  treaty.  And 
the  undersigned  will,  on  this  point,  content  himself  hy  acUling  that  li'ie  aliove 
traffic  is  now  discountenanced  and  i)rohihited  liy  the  present  well  known 
and  benevolent  course  of  policy  pursued  by  the  .VinerH  an  (lovirnnieiil 
towards  the  wild  and  uncultivated  aborigines  of  the  countr\ . 

The  other  circumstance  mentioned  by  his  ex(  ellency  wa ;  that,  as  the 
Russian  American  Fur  Comjiany  were  parti(  ularly  interested  in  tiie  decision 
of  tlie  (piestion,  he  conceived  it  t(j  be  his  duty  to  <-onsult  its  directors  ])efore 
he  could  give  a  fina'  answer. 

It  is  i,ot  often  that  tliosc  who  enjoy  a  monopolv  under  a  liberal  grant 
from  an  indulgent  sovereign  will  be  willing  even  to  moility.  or  |)ermit  others 
to  ])articii)ate  in,  any  portion  of  their  privileges.  Hut.  in  the  present  instanc  e. 
it  must  be  recollected  that  su(  h  a  (oniession  is  not  einbra(  ed  in  the  |)ropi)- 
sition  submitted  without  a  fair  eijuivalent;  for  the  pri\ilege  to  fish  antl  traffic 
north  and  south  of  the  latitude  of  54'''  40' would  rest  u]h)]\  the  just  princi|iles 
of  recijjrocity. 

Whether  an)  |)rejudices  or  individual  interests  exist,  having  a  tendeiic\ 
to  disincline  His  Imperial  Majesty  to  assent  to  a  renewal  of  the  expired 
article  of  the  treaty  of  1.S24.  or  how  far  stk  h  j^rejudices  or  interests,  if  thev 
do  manifest  themselves  on  the  |)art  of  individtsal  gentlemen  of  the  lirst  res]jec- 
tability,  ought  to  influence  the  action  of  (Governments  uiion  a  (juestion  of 
general  im])ort  and  aflecting  national  and  amicable  intercourse,  is  not  for 
the  imdersigned  alone  to  determine.  It  is  encjugh  for  him  to  know  that  the 
views  in  1S24,  which  produced  the  provision  contained  in  the  4th  article, 
have  been  tested  by  experience,  and  the  restdts.  being  miitualh  beneficial 
and  convenient,  prove  their  propriety. 

To  justify  the  presiun|)tion  that  the  annual  visits  of  American  ships,  in 
the  prosecution  of  their  ailventures  u])on  the  northwest  coast,  are  sometimes 
very  convenient  and  must  be  beneficial  to  the  Russiai^  settlements  and  ports 
in  that  distant  and  not  pnjductive  climate,  the  imdersigned  takes  leave  to 
refer  to  a  contract  made  within  a  i'i:w  days  by  the  Russian  American  Fur 
C'ompany  with  an  American  citizen  for  supplies  to  their  agents  and  jjorts  for 
the  ensuing  year. 

Should  the  imdersigned,  however,  be  disa])pointed  in  the  reasonable 
expectation  he  has  forinetl.  and  the  Imperial  Government  be  unwilling  to 
entertain  the  proposal  to  renew,  either  indefinitely  or  for  another  term  of 
years,  the  jjrovisions  of  die  article  of  the  treaty  referred  to,  he  reijuests  that 
his  excellency  Count  Nesselrode  will  tlo  him  the  favor  to  inform  him  in  regard 
to  the  measures  adopted,  or  j)roposed  to  be  adopted,  on  the  part  of  Russia 
in  relation  to  tlie  admission  of  American  ve.ssels  into  the  harbors,  bavs,  and 
rivers  of  the  Russian  settlements  on  the  northwest  coast  of  the  American 
continent.  The  happ\  understanding  which  prevails  between  the  two  gov- 
ernments, the  desire  to  avoid  aii}'  <  asiial  difference,  and  the  pnjbable  neces- 
sity for  corresponding  measures,  will  reatiily  indicate  the  motives  whic  h 
prompt  this  retpiest. 

Tlie  undersigned  cannot  close  this  note  without  repeating,  very  earnestly. 
his  wish  to  be  jiut  in  [jossession  of  the  answer  of  the  Imperial  Ministry  uiion 
the  two  subjects  to  which  their  attention  is  directed. 

The  undersigned,  iVc.. 

WM.    WILKIXS.      ' 


74 

[KN1.I.I1SI!HK   3   IN    MU,    Wll  KIN-.'    Nn.    14] 

Coufi/  Nc'ssc/rodc  to  Mr.   Wilkins. 

[  Tkansi.aiion.  I 

St.   Petk.rsiu;r(!,  N'ovemhcr  ^,  1835. 

'I'lir  un(li'rsijL(ni.'(l.  as  lio  had  llic  honor  to  annoiinci',  did  not  tail  to  sub- 
mit to  thr  l)i.'iiartinrnt  of  I'inani  c  the  sulijc(  t  of  thi.'  inrinoranchini  addrcsstjd 
to  him  on  the  2},i.\  ( )( tohcr  (4tli  November),  by  Mr.  Wilkins,  envoy  extra- 
ordinary and  minister  plenipotentiary  of  the  United  States  of  America, 
respectini^  the  renewal  of  the  fonrth  article  of  the  treat)  of  April,  1S.J4. 

■|"he  undersigiu'd,  as  soon  as  he  has  obtained  the  o])inion  of  the  proper 
aulhoritiis  and  received  the  orders  of  the  Kmperor,  will  immediately  com- 
municate to  Mr.  Wilkins  the  point  of  view  under  whi(  h  the  proposition  of 
his  (iovernmenl  is  regarded  here.  He,  however,  recjuests  Mr.  Wilkins  to 
bear  in  mind  that  the  Imjierial  (lovernment.  in  examining  this  |)roposition, 
will  lose  sight  of  none  of  those  considerations  which  should  induce  it  more 
strongly  to  cement  the  amicable  relations  now  existing  between  the  two  gov- 
ernments. 

Contenting  himself,  for  the  present  with  this  answer  to  the  note  of  Mr. 
Wilkins  of  the  ist  (i^lh)  of  Ncnember,  the  undersigned  seizes^  &c., 

NESSKLRODE. 


No.  45. 


[No.  16.] 
Sir: 


Mr.   Wilkins  to  Mr.  Forsyth. 

Legation  o\-  the  United  States, 

St.   Petersburg,  Dccfinbcr  w.  1835. 


%  if.  -Jf.  ^J  *  =!=  -H 

As  I  anticipated,  when  I  last  wrote,  I  held  with  Count  Nesselrode,  at  the 
foreign  office,  on  Monday  last,  the  7th  instant,  a  ])ersonal  conference  upon 
my  proi)osition  to  rer.'  w,  either  indefinitely  or  for  a  term  of  years,  the  fourth 
article  of  the  treaty  of  April,  1824,  and  I  regret  to  be  compelled  to  say  that, 
in  this  effort,  at  all  events  for  the  present,  I  have  been  unsuccessful;  and  I 
presume  the  overture  will  be  finally  altogether  rejected,  unless  some  new  and, 
to  me,  unforeseen  circumstances  turn  up. 

I  was  well  aware  that  [  should  have  to  encounter  the  decided  opposition 
of  the  Russian  American  Fur  Company;  and  in  presenting  the  subject  to 
the  Vice-Chancellor,  in  the  various  lights  in  which  it  struck  my  mind,  I 
took  the  ground  that  it  was  not  a  mere  interested  and  selfish  ciuestion  of  gain 
in  the  traffic  ujjon  the  northwest  coast,  but  one  of  a  higher  character,  involv- 
ing i)olitical  and  national  considerations;  that,  whilst  I  was  very  willing  to 
admit  the  more  active  connnercial  enterprise  and  superior  shipping  of  the 
citizens  of  the  United  States,  yet  this  was  a  cpiestion  not  to  be  decided  by 
such  c  ircumstances,  but  should  turn  upon  the' consideration  of  our  national 
good-will  and  our  amicable  and  disinterested  reciprocal  intercourse,     -i^  *  * 


75 


1 835- 
il  U)  sub- 
iddrcsst'd 
■oy  extra- 
America, 

S.J4. 

lit'  proper 
tely  cDin- 
osition  of 
r'ilkins  to 
)pusition, 
e  it  more 
two  gov- 

te  of  Mr. 
ODE. 


-I: 

de,  at  the 
Mice  upon 
the  fourth 
)  say  that, 
ul ;  and  I 
•  new  and, 

)pposition 
sul)ject  to 
,'  mind,  I 
on  of  gain 
ir,  involv- 
willing  to 
ing  of  the 
.ecided  by 
r  national 
e.     'i=  *  ;K 


InasnuK  h  as  it  seemed  to  me.  b)  tlie  language  of  your  instruc  tions,  that 
voii  preferred  an  indefmile  re\  i\al  of  the  foiirtli  arti(  le,  I  drew  up,  to  tliat 
d\\:t  t,  the  form  of  a  treaiy,  following,  a^  a  prei  edent,  the  arti(  le^  of  our  con- 
vfiUion  with  Kngland  of  the  6th  of  August,  i.S:;;  ;  which  I  sulmiittefl  to,  and, 
at  his  desire,  left  in  the  possession  ot  ('ount  Nesscb'ode.  A  (  np\  is  iierewith 
transmitted. 

At  the  close  of  the  conference.  I  re<iuested  Count  N'esselijde  to  give  me 
his  replv  in  writing.  He  acnuiesced,  aiul  accordingly  sent  me  his  oftii  ial 
note,  dated  on  the  2<Sth  ultimo  {old  style;,  and  a  (  o[)y  of  whi(  h  I  have,  also, 
the  honor  to  en<  lose  to  \ou. 

Diu-ing  our  conference.  I  did  not  t"eel  mysell  authorized  to  (all  the  atten- 
tion of  the  Imperial  Minister  to  what  might,  or  [.robably  would  be,  the 
( onstruction  by  the  I'nited  States  upon  the  treaty,  with  the  fourth  article 
extinct  ;  nor  what  rule  of  the  law  of  nations  wduld  be  considered  as  applicable 
to  the  casi',  and  controlling  the  trade  upon  a  wild  and  extensive  Americ  an 
coast,  of  a  great  and  open  ocean,  and  still,  with  the  exc  eption  ol  a  very  tew 
posts  at  a  vast  dist.ance  from  eac  h  other,  in  the  rightful  cjccupancy  c)f  the 
natives,  and  to  whic  h.  I  believe,  the  sovereignty  ui  Rtissia  has  not  yet,  in  any 
treatv  or  convention,  been  admitted. 

1  found,  also,  upon  turning  to  the  treaty  of  1S25.  between  Russia  and 
(beat  Britain,  subsequent  to  writing  my  note  of  the  ist  (  i;,th>  of  last  month, 
to  Count  Nesselrode,  that  my  reference  therein  to  the  fust  iiul  eleventh 
articles  of  our  treaty  of  the  6th  ( iSth)  December,  1832.  with  this  country, 
had  no  bearing  upon  and  was  inapplic  able  to  the  cpiestion  1  was  then  fliscuss- 
iii"--  because  the  stipulations  in  their  treaty  with  C.rrat  IJritain.  similar  to 
that  contained  in  our  fourth  artic  le.  were  likewise  limited  to  ten  years,  and 
had  exi)ired  in  February  last.  At  the  interview  on  Monday  last.  1  gave  this 
explanation  to  Count  Nesselrode,  who  answered  my  observations  by  saymg 
that  England  had  not  yet  applied  for  a  revival  of  the  mutual  j.rivilege,  and 
if  it  should  be  agreed  to  with  thai  power,  would,  ot  course,  and  of  right  by 
treaty  stiiailation,  be  immediatelv  given  to  the  United  States. 

=,  ,:  ^::  ^i=  -  =;=  * 

1  am  informed  that  our  vessels  generally  trade  between  latitudes  50"  and 
57^  and,  occasionally,  go  still  further  north.  The  Engli.sh  are  always  to  be 
found  on  the  coast,  have  trading-posts  established  alc^ng  it.  some  of  which 
are  south  of  latitude  54''  40'. 

The  principal  establishments  of  the  Russians  are  called  Sitka  and  New 
Archangel,  towns  situated  ui^on  adjacent  islaucl.  of  their  respective  names, 
off  Norfolk  sound,  and  in  latitude  57"  north.  Ar.  hangel  is  their  chief  place, 
where  they  keep  uj)  a  garrison,  established  in  iSoo.  of  about  seven  hundred 
men.  They  have  other  trading-posis,  and  two  or  three  small  garriscj)is 
between  Behring's  straits  and  Sitka.     In  the  winter  season,  when  their  ])eople 

amount  to  about  two  thous- 


are  all  collected  at  the  posts  upoi 


-y 


Thev  now  build  vessels  uiion  the  coast,  and  are  increasing  the  numl 


and. 

Last  year  they  had  four  or  five  s 


hi 


a  burden   frc^n  one   hundred  and 


mum 


76 


/ 


scvfiitv-fivT'  to  l\M>  liuniircd  iifid   litty   tons,  and  seven   or  (.'iL;lit   sloops,  or 
siiiailcr  vessels,  of  .ihoiil  one  hundred  tons  each. 

■^  h;  :K  •-!;  t-  *  * 

I  have,  &<:., 

WILLIAM  WiLKINS. 


(  Knci  osi'in:   1    IN  Mn     Wii. kins'   No.    i6,] 

/)/■'///  ('/  (I  ion7H'nti(»}  /riiri.'i/i^i;  uulrjiiiiu-ly  the  fourth  article  of  the  treaty  of 
the  ^^th  of  Aprif  J824,  ihi:i>ccii  the  I  'nilr,!  States  of  Aincrica  and  the 
linipt'ror  of  all  the  Ri/ssias. 

Aki  III  1'.  I.  'I'lu'  prcjvi^iiiii-.  «(  llic  fuurlli  urtii;l('  ofllic  ixinvcnlioii,  I'oiichuk'd  hctwecu  the 
I  ii'.ud  Sliitcs  of  Ainciica  and  flis  Iiu|)cri;U  Mnjosly  the  I'lmpenir  (if  all  the  Kiissias,  on  the 
5th  (17th)  ol' Api''.  lS2^,  ^lialthe,  and  they  are  hereby,  reiu'-ved  and  iiidelinilely  extended 
aw  cuntinueil  in  force  in  the  same  niaiiner  as  if  all  tlie  [irox  isions  of  the  said  article  were 
he  eiii  specially  n-cited. 

Ak  III  1,1  II.  It  shall  he  conipcteiil,  however,  to  either  of  the  hiyh  contracting^'  jiarties,  in 
cpse  either  shduh'.  think  fit,  at  any  time  after  the  1st  day  of  January,  iSj7,  on  giving  due 
i-otice  of  tvvelv  months  to  ilie  other  party,  to  annul  and  ahroyale  this  convention,  and  it  shall, 
i'l  such  ca.se,  lie  accordini^ly  entirely  aiuudied  and  al>ro,<;aied,  ailer  the   expiration   of  the  said 

term  of  notice. 

Aki  Id, K.  III.  Nothing;  heiein  contained  .shall  he  (on-lrued  to  impair,  or  in  an)' manner 
affect,  furthir  than  is  expressly  declared  above,  any  ol  the  |;rovisions  or  stipulations  ^jontained 
in  t!;e  aforesaid  convenlii.ii  of  llu   5lh  (lyih)  of  .\])ril,  lS^4. 


[KNCioscitu  V  IN  .Mit.  U'li. kins'  No.  l*").] 

(.'oitiit  A''L-ss(Vr(>i/<-  to  Mr.   U 'ilk ins. 


[Tn\Nsr,AriuN.] 

Sr.  I'KTKKSiiURO,  Novetnhcr  2<S,  1835. 
The  Imperial  ^'  verntneiil  havin;.,  taken  into  consideiation  the  proposi- 
lioi!  in,ide  hy  thai,  of  iIh'  United  States,  to  renew  the  t'oin-th  article  of  the 
convention  (d'  5lh  (i/tli)  of  .\pril.  i,S:'|,  has  bei'ii  (oiuiiiced  that  it  was 
ini|)ossil)le  to  proii'.MUK  e  upon  tliat  siihjeei  '  .Uil  infonnalion  had  l»een  ix-(  eived 
Iroin  the  iilai  es  whi-re  the  sari  article  would  he  entor<  ed,  siifTK  ient  to  aiithor- 
i/e  an  opinion  ii|ion  the  propriety  of  such  a  ineasiiri  The  linperidl  (Jovern- 
iiunt  cannot,  however,  e\pe(  t  to  receive  siu  h  inforiiiulion  until  towards  next 
siirin^.',.  when  it  may  be  obtained  iVom  some  of  its  officers,  whonv  a  long 
residence  on  the  northwest  coast  of  America  has  enabled  to  become  well 
a(  qiiaiiUed  with  tin:  interests  and  wants  of  the  Russian  establishments  in  those 
<  oiintries,  as  well  as  the  inlliieiK  c  ahead)  e.\er(  ised  upon  tlieir  prosperity  by 
the  provisions  of  tiie  said  fotirth  arlii  le. 


^: 


:l; 


*  :H  * 

NKSSKLKDDI-:. 


11 

No.  46. 
Mr.  I-'orsyl/i  to  Mr.  Pai/as. 


[N"-,?-] 


Dl  I'ARTMENT    01     SXAIE, 

Washington,  May  4,  iSjj. 


Sir 


I  regret  to  have  orcasion  sn  soon  again  to  advert  to  a  sul)je(  l  connected 
wiih  the  claims  of  the  United  States  to  the  right  of  trading  with  th''  natives 
(if  the  countr)',  and  of  fishing,  on  thi'  iiortlnvest  coast  of  tliis  (  ontincnt. 
N'oii  will  jjerceive  from  a  perusal  of  the  accompanying  papers,  that  the 
expiration  of  the  4lh  article  of  the  (onvention  of  1H24  with.  Russia,  is  not 
unlikely  to  he  attended  sviih  difliculties  to  our  citizens  fre(|uenting  that 
(oasl  in  [jursuit  of  lawful  ohjcf  ts.  f'he  leading  features  ol  the  case  to 
which  vour  attention  is  now  iii\ited,-  -the  particulars  of  whic  h  are  more 
fully  detailed  in  the  em  losed  (  opy  of  a  letter  dated  24th  November  last, 
from  |.  ('.  loiies,  . ousul  of  the  Tnited  States  at  the  Sandwich  islands,  to 
this  department,  and  of  the  protest  to  which  it  refers,— are  as  follows  :  * 

The  American  brig  "1-oriot,"  Ulimi,  master,  sailed  from  the  port  (;f 
(  ia'ui  on  the  22d  August  last,  bound  to  the  northwest  ( f)ast  of  America, 
ior  the  jiurjiose  of  pro(  inang  pro\isions.  and  also  Indians  to  hunt  tor  sea 
otier  on  the  said  < oast.  It  appears  that  she  made  the  land  called  Forrester's 
Ion   the  14th   of  September   following,   and   on  the   15th  anchored   in 


and 


th 


e  harOor   o 


f  'I 


uckessan, 
Sth 


at 


4utle   54^'    55'  north,    and    longitude    t_:;2' 


\o 


west:     that  on    the    iSth    a    Kussian   armei 


brig   arrived    m   the 


arbor    ot 


Tateskev,    latitude  vl"  .^5'  north,  ami  longitude  132'   55 


.est  ;    that  <in    tl 


'•ucicedim 


(la\-    llu 


I  .oriot ' 


as  boarded    bv  (officers   from   the    Russian 


lirit:,  w 


ho  ordered   the   captain  of  the   .\merMan   vessel  to  ka\. 


the  (lomip 


ion 


s   of    his   Majest\     the    l-anperor   of   Russia:    that    Captain    I'-linn    then 


repaired  on  ho 


ird  the  Russian  brig,  ^^llere  the  same   or(l''rs  were  repeatei 


to 


him  bv  the  ((unmaiuler 


these  orders  wvw  rei 


b\  two  armed 
,ind  proceed 


that  on   tile   20th  and  23d  days  of  the  same  month 
lerate<l  :   that  on    the  25th  the    "  1, oriot  "    was  boar<led 
ats  from'  the  Russian  brig.  ;unl  directed  to  get   umler  weigh 


to  th 


e  h:  rbor  o 


f  Tateskev  :    that  on    the    27th  tl 


le  armed 


boati- 


;ii;ai 


n  boarded  the  Aineri<aii  brig,  and 


)mp 


died  Xhv  captain  to  proceed    to 


atesk 


ev 


that 


when    o 


If   that  I 


ilat  e 


the  wt'ather    In  lUg 


lirea  telling 


ler- 


mission  was  asked 


Russian  < omnia 


nder  to   enter  the   harbor   witii  the 


Loriot,"  whi(  h  nipiest  was  ( 


lenied.  and  Captain  l')linu  was  again   ( 


irden 


to  leave  the  waters  ol 


Ins 


Imnerial  iMaiest\ 


aiu 


1  that  Captain  Hliiin,    beinj. 


pre\ented  Irom    proi  tiring    siijip 


les   or   necessaries 


lor   his   vessi: 


.111(1  Irfun 


itaining  any    Indians  (tor   the    purpt 
•liged  to  abandon  his  voyage  and  rt 


Hinting   sea   ott(,'r  1    was    linally 


'turn    to   the  Sandwii  h  Islands. 


where 


arrived  on  the  ist  of  Novembi'r  of  the  -^anK'  year. 
'I'he    harbors  designated   in    Ca.ptain     i'.lmn's    protest   by    tl      names   of 


ucki'ssan  and 


Tat. 


skev 


are  no 


t    laid    down   on   any  map  to   wliu  h 


have 


•  For  these  luin-rs  see  Seinle  1  )<i.  iiiiieni;,  i,  .i-jl 


ill  e'ol)^;rc-.s.  3(1  Sessiiiii. 


78 

referred,  and  the  de])artinent  has  no  knowledge  of  any  Russian  establish- 
ments having  been  formed  on  the  northwest  coast  or  adjacent  islands,  in  or 
about  the  latitude  given  for  these  places.  It  will,  therefore,  be  proper  to 
as<  ertain  whether  there  are,  in  fact,  Russian  settl'-ments  at  the  points  desig- 
nated, and,  if  so,  you  are  authorized  to  make  a  representation  of  the  whole 
subject  to  his  Inijierial  Majesty's  (lovernment,  comj)laining  of  the  pro- 
ceedings in  relation  to  the  "T,oriot,"  which  are  supposed  to  have  beeii 
unauthorizedly  instigated  by  the  Russian  American  Fur  Company,  and 
stating  tlial  tiie  President  cannot  but  regard  tliis  act  as  one  of  a  most  un- 
friendly cluiracter.  as  tiie  United  States  have  liad  no  official  or  other  notice 
of  the  existence  of  su<  h  establishments,  and  have  not,  although  an  applica- 
tion has  long  since  been  made  for  them,  ever  been  furnished  by  the  Russian 
Government  with  the  regulations,  conse([uent  on  the  exjiiration  of  the  4th 
article  of  the  convention.  pr()])osed  to  be  ajjplied  to  American  vessels  resort- 
ing to  Russian  settlements  on  that  coast. 

(Jn  the  other  hand,  should  there  prove  to  be  no  Russian  establishments 
at  the  places  mentioned,  this  outrage  on  the  "Loriot"  assumes  a  still  graver 
aspect.  It  is  a  violation  of  the  right  of  the  citizens  of  the  United  States, 
immeniorially  exercised,  and  secured  to  them  as  well  by  the  law  of  nations 
as  b\-  till,'  stipulations  of  the  first  iirti(  le  of  the  ( (invention  of  1824,  to  fish 
in  those  seas,  and  to  resort  to  the  coast,  for  the  prosecution  of  their  lawful 
commerce  upon  points  not  alreadv  (xxnipied.  As  such,  it  is  the  {'resident's 
\vi>-h  that  you  should  remonstrate,  in  an  earnest  but  respectful  tone,  against 
this  groundless  assumption  of  the  Russian  Fur  Com])an\-,  and  claim  from 
His  Imperial  Majesty's  Government  for  the  owners  of  the  brig  "Loriot," 
for  their  lossi's  and  for  the  damages  they  have  sustained,  such  indenmifica- 
tion  as  may,  on  an  investigation  of  the  case,  be  found  to  be  justly  due  to 
them.  I  am,  t\;c., 

JOHN  FORSYTH. 


No.  47. 
Mr.  Dallas  to  Mr.  Forsyth. 


[No.  6.] 
Sir: 


American  LEfiAxioN, 

St.  Petersrurc;,  August  r6,  [837. 


=1=  :|;  H«  *  *  *  :i: 

Among  the  special  duties  assigned  to  me  in  the  instructions  from  the 
department,  are  tliose  relating  to  the  renewal  of  the  4th  .irti.  Je  of  the  treaty 
of  i8j4.  by  your  despatch  No.  2,  and  those  arising  out  of  the  case  of  the 
.'\meri(  an  brig,  '•  Loriot,"  Richard  1).  P.linn,  master,  by  your  despatch  No. 
,3.  1  have  been  anxious  to  address  myself  to  the  Im|)erial  Ministry  on  both 
these  topi(  s,  the  mutual  (onncf  tion  of  whi(  li  is  apparent  ;  but  anticipating, 
at  the  oiitMl.  nnu  h  difficult)   in  accomplishing  any  purpose  o])posed   by  the 


79 


n  establ i sh- 
all ds,  in  or 
)e  projjer  to 
oints  desig- 
f  the  whole 
f  the  pro- 
I  have  lieen 
il)any,  and 
a  most  un- 
)ther  notice 
an  a])plica- 
the  Russian 
1  of  the  4th 
ssels  resort- 

;ihlishments 

still  graver 
ited  States, 

of  nations 
B24,  to  fish 
their  lawful 

President's 
ne,  against 
claiin  from 

"  Loriot," 
idemnifica- 
stly  due  to 

SYTH. 


-1  from  the 
the  treaty 
ase  of  the 
'spatrh  No. 
ry  on  l)oth 
iticipating, 
sed   by  the 


Fur  ('om])any,  prudence  inijiels  me  to  acquire,  if  possible,  with  more  accur- 
acy than  I  now  possess  it,  information  as  to  the  extent  of  the  Russian  estab- 
lishments on  the  northwestern  (oast  and  the  periods  of  their  respective 
( oniniencements.  My  efforts  in  London  to  ascertain  the  positions  of  the 
two  liarbors  referred  to  by  I'aptain  blinn,  'I'uckessan  and  Tateskey,  and 
tlieir  real  character,  were  abortive  ;  the  geographer  on  »vhoin  I  i)rinci])aliv 
reUed  writing  to  me.  the  evening  before  1  left  the  British  metropolis,  that 
his  searches  proved  unproductive.  An  in(iuu-y.  to  be  cautio'isly  conducted, 
has  been  set  on  foot  since  my  arrival  here,  in  the  hopie  tliat  some  of  the 
officers  of  the  Russian  navy,  or  some  communicative  member  of  the  Fur 
('omi)any  itself,  mav  possess  the  facts  I  want,  and  mav  enalile  me  to  move 
with  less  doubt  and  less  danger  of  mistake.  Although  Irom  the  language 
of  Captain  Blinn's  protest,  I  am  led  to  believe  that  Russian  establishments 
have  been  made  at  tlie  ])laces  where  he  ex])erienced  the  interference  of 
which  he  complains,  it  would  not  seem  politic  to  l)egin  the  negotiation  by 
an  admi.ssion,  which,  though  it  might  leave  the  unfriendliness  of  the  pro- 
ceeding for  comment,  must  weaken,  if  not  wholly  destroy,  his  claim  for 
redress.  As  soon  as  the  impiiry  instituted  shall  either  su( ceed  or  fail,  the 
subject  will  be  o])ened  to  ("ount  Nesselrode,  and  1  cannot  anti(  ipate  more 
than  one  or  two  weeks  of  additional  delay. 

Permit  me,  while  on  this  topic,  to  remark,  that  I  cannot  hel])  foreseeing 
some  perplexity  from  the  constniction  which  will  be  urged  by  the  Russian 
Ministry  for  the  treaty  of  17th  April.  1824.  The ///-.v/  arti<  le  asserts  for 
hiith  countries  general  and  permanent  rights  of  navigation,  fishing,  and 
trading  with  the  natives  ui)on  points  not  occupied  by  either,  north  or  south 
of  the  agreed  parallel  of  latitude,  subject  to  enumerated  restrictions,  among 
which  is  \\\^  fourth  artic/i ,  limiting,  as  it  would  seem,  the  exercise  of  certain 
of  these  very  rights  to  a  term  of  ten  years.  Our  negotiator,  Mr.  Middleton, 
as  he  explained  in  a  subsecpient  despatch  to  the  Department  of  State,  con- 
templated no  abandonment  of  their  rights  either  in  i)rincii)le  or  as  a  com- 
promise, in  the  present  or  future  time,  but  on  the  contrary  repelletl  a  clau.se 
proposed  to  him  ex[iressly  for  that  purpose,  and  regarded  the  fourth  article 
as  enlarging,  not  restricting,  the  pri\  ileges  provided  for  in  the  first.  My 
conviction,  however,  arising  from  the  language  of  the  Russian  precautionary 
record  or  protocol  (which  Mr.  Middleton  rather  avoided  than  rejected),  is 
that  Comit  Nesselrode  will  deem  himself  and  Mr.  Poletica  to  have  attained 
by  this  fourth  article,  though  with  the  use  of  other  worfls,  the  substance  of 
the  clause  to  which  Mr.  Middleton  objected,  and  that  he  will  consider  both 
(iovernments  to  have  buried  all  controversy  about  the  rights  incident  to  the 
prior  discovery  of  savage  and  unoccupied  lands,  and  to  have  consented 
that,  at  the  expiration  of  the  ten  years,  the  United  States  should  be 
esteemed  to  j^ossess  in  full  domain  the  (cast  and  islands  to  the  south,  and 
Russia  the  coast  and  islmds  to  the  north,  of  54"  40'  north  latitude.  He 
may  ask,  and  with  some  plausibility,  with  what  other  object  the  f.urth 
article  was  fijimed?    It  uses  no  phraseolcjgy  tantamount  to  "  fs/aMs/mt/tis" 


„  .,i^k^,:"- 


8o 

ox  "■  scttlcmi'iits,'''  m  ''  N'ints  already  occitpifil\^'  hut  protects  from  any  hin- 
drance for  ten  vears  only  the  i)o\ver  to  fre(|uent  the  interior  seas,  gulfs,  har- 
bors, and  creeks  upon  the  coast,  for  the  purpose  of  lisliing  and  trading  with 
the  natives;  a  power  already  duly  enunciated  iK'ithoiit  liniit  <>/  tiiiii\  for  both 
countries,  by  the  first  article;  and,  if  it  was  not  intended  mutually  to  yield 
the  iiowe*-  in  relation  to  the  sections  divided  by  the  parallel  of  latitude  at 
the  expiration  of  tlie  term,  why  disturb  the  operation  of  the  first  article  at 
all?  A  closer  analysis  of  the  negotiation  of  1.S24  may  possibly  dispel  these 
suggestions  ;  or  it  will  give  me  jjleasure  to  find  my  apprehensions  removed 
by  the  (  andor  of  the  \'ice-CJhan(  ellor ;  and,  at  all  events,  I  shall  never 
acf|uiesce,  imtil  instru(  led  10  do  so  by  you,  in  a  construction  so  opposite  to 
the  intentions  of  Mr.  Middleton,  and  so  conclusive  as  to  all  further  claim  of 
the  United  States. 

;ic  :i;  H«  :!=  -!■■  ;i<  * 

1  have,  i,Vc., 

(;.   iM.   J)AI,1,AS. 


No  48. 
Mr.  Dallas  to  Mr.  Fo,  syih. 

[No.  7.]  .\mf.kiian  Legation', 

Si'.    Petershurg,   Srpfcfii/'cr  ^,  ^^^S^ 
Sir: 

Since  my  last,  dated  the  i6th  of  August,  1835,  and  sent  by  the  courier  of 
the  Knglish  legation;  1  have  addressed  to  Count  Nesselrode  the  communica- 
tion of  which  a  copy  is  annexed. 

>H  ;i;  ii<  ;t;  ■:■  ■■'■:.  * 

I  have,  (.Sjc., 

Cr.   M.    DALLAS. 


[  I''.NLr.(iM  nL  IN  .Mk.   Oai.i.as'  No.  7.] 

Mr.  Palln'^  to  Count  Xesselroil' 


A.MKRI.    \N     I.I'.i.ATl'lN,  Al/^f'^f  15   (27),    I.S37. 

The  iiiuhrsigned,  envox  t  xtruordinary  and  mini^ler  plenipotentiary  of 
till'  Liiited  States  of  America,  has  the  honor  \eni  iVM|»ecl'nitlv  to  iinite  the 
attention  of  his  ix(  ellency  the  Vi.x'-('han(  ellor  oi  ihe  K»«t|Hre  to  the  follow- 
ing siibjei  t.  spci  ially  given  tin  ]\m\  in  (  liargt-  as  cr>lling  ft»rav,  -.arlv  submission 
to  the  (onsidcration  of  the  Inijitrial  (lovernmen;. 

it  will  doubtless  t)e  remenilKrred  that  l)v  thi  pei<i»«*»i*jrl  .-onvenlion  of  the 
5th  (17th)  of  \|iril,  1.S24,  >igned  by  his  excelk-m  v  lY)i!M>t  Nesselroile  and 
Mr.  i'oletitaon  behalf  of  Russia,  and  l'>  Mr.  Hk-nry  MidiUeton  on  behalf  of 
the  Lnited  Slates,  it  was  agrecil  that  in  any  |iittt  cia  tlK.- great  ocean  commonly 
(iiihd  the  Pa-  ifh  Oiea.n,  or  South  Sea,  I  lie  ift->^ect;ve  citizens  or  subjetts  of 
the  high  (  (intrai  tin,i;  powers  sliould  be  neither  disturbed  nor  re^tra'neil,  eithtr 


8 1 


,  any  hin- 
gults,  Invr- 
ding  with 
,  for  Ixitli 
y  to  yield 
atitude  at 
article  at 
spcl  these 
i  reniuved 
lall  never 
pi)()site  to 
r  claim  of 


LAS. 


courier  of 
mniunica- 


J,AS. 


entiary  of 
iinite  the 
he  foUow- 
uhmission 

ion  of  the 

Inule  and 

behalf  of 

omnionlv 

.UiiKtts  of 

leil,  either 


in  navigation  or  in  fishing,  or  in  the  power  of  resorting  to  the  roasts,  upon 
points  whirh  may  not  ah-eady  have  hi'en  ..(•(•ui)ied,  for  the  puri)ose  of  trading 
witli  llie  natives;  that,  to  prevent  tlie  rights  of  navigation  and  of  fishing, 
exercised  upon  the  great  ccer.,,,  from  hc(  oming  the  pretext  for  an  illicit  trade, 
the  citizens  or  subjects  of  either  country  shouUi  not  res(jrt,  without  i)ermission, 
to  any  establishment  of  the  other;  and  that  there  should  not  be  formed  to 
the  north  of  fifty-foiu-  tlegrees  and  forty  minutes  of  north  latitude  by  the 
citizens  of  the  Cnited  States,  nor  ..outh  of  that  parallel  by  Russian  subjects, 
any  establishment  upon  the  northwest  coast  of  Americ  a.  It  was  declared  by 
the  fourth  article  to  be  understood  that  during  a  term  often  vears,  counting 
from  tile  signature  of  the  convention,  the  ships  of  both  counti'ies  respectively 
might  reciprocally  fre(|uent,  without  au\  hindrance  whatever,  the  interior 
seas,  gulfs,  harbors,  and  creeks  upon  tlie  sail!  <  oast,  for  the  purpose  of  fi.shing 
and  trading  with  the  natives. 

The  permanent  ])owers  to  navigate,  to  t"ish,  and  to  resort  to  the  ■.oasts 
upon  tmoccui)ied  i)oi,its,  \\  order  to  trade  with  the  natives,  thus  nuituallv 
recognized  in  a  s|)irit  of  forecasting  friendship,  which  removes,  bv  explicit 
assurances,  every  possible  cause  (;f  co'lisiou  or  jealousy,  and  has  always  char- 
acterized the  relations  and  intercinir.se  of  the  two  governments,  would  seem 
to  be  unefinivocally  distinct  and  precise.  It  is  to  a  vague  and  perverted 
condition  of  things,  co'nse(]uent,  in  a  great  degree,  upon  the  ex])iration  of 
the  tem|)orary  provision  of  the  foiuth  arti<  le,  much  rather  than  to  any  inim- 
ical national  policy,  that  the  imdersigned  imputes  the  incident,  so  detrimental 
to  the  interest  of  an  American  citizen  and  so  incompaiibie  with  the  rights  of 
In's  country,  which  is  now  sulunitted  to  the  just  and  c;indid  consideration  of 
his  excellency  Count  Nesselrode. 

[Hei'e  follows  a  statement  of  the  case  of  the  "  i,(U-iot,"  substanlialh  the 
same  as  that  given  above  in  Xo.  46.] 

The  undersigned  is  imwiiling  {(>  make  to  hisexcellencv  C.nnit  Nesselrode 
the  remarks  luiturally  suggested  by  this  brief  statement  of  facts  (  who.se  authen- 
ticity he  cannot  doulit;,  until  every  reasonable  auii  just  o|)])ortiinity  shall 
have  Ikh'M  given  to  the  Russian  officers  implicated  to  temper,  if  ])ossibie,  their 
harshness  bv  e\|ilanation.  His  firm  confidence  in  the  dispositions  hereto- 
f  ire  ex|)ressed  and  manifested  towards  his  countrv  precludes  his  su]»posing, 
for  one  moment,  that  a  proceeding  so  unfriendlv  in  its  nature  and  circum- 
stances, and  so  inconsistent  with  th.e  rights  of  Ami'rican  citizens,  immenior- 
ially  exerci.sed  and  secured  bv  the  laws  of  nations,  as  well  as  bv  the  stipulations 
of  tlie  lirst  article  of  the  treaty  of  iNj.p  was  aiuhorized  by  \\\>  Imperial 
Majesty's  (lovernment,  or  can  receive  its  sanction. 

Nevertheless,  it  is  made  tlie  duty  of  the  undersigned  earnestly  and  most 
respectfully  to  remonstrate  against  such  an  unwarranted  aggression  by  per- 
sons enjoving  the  chara(  ter  and  using  the  means  of  agents  in  the  Russian 
service,  and  to  claim,  as  lie  now  d(;es,  from  His  lni|)erial  Majesty's  (lovern- 
ment,  for  thelossesand  damages  sustained  by  theowuers  of  the  brig  "  Lorioi," 
Nuch  indemnincation  as  may.  on  an  investigation  of  the  case,  be  found  justly 
their  due. 

In  the  sincere  hope  that  an  early  and  happv  adjustment  of  this  business 
mav  arrest  its  tendency  to  excite  unkindness  of  feeling  between  the  citizens 
and  subjects  of  the  two  countries,  the  undersigned  avails,  iSjc., 

(1.   M.    DALLAS. 
6 


■I^w 


82 


No.  49. 
;]/r.  Forsvl/i  lo  Mr.  I^allas. 


[No.  4.]  I)Ki>.\KrMi:M-  01    SlAlK, 

\\'.\siiiN'(;r()N,  Xir,'iiiihcr J,  iS'jy. 
Sir: 

Your  (kspati  1k-s.  Nos.  6  and  7.  of  llu'  i6th  of  August  and  8tli  of 
Sc])t('inl>rr,  rcspfctivrh',  have  liccn  duly  received,  and  subniilted  lo  the 
President,  1)\  whom  I  am  tlirected  to  make  the  followint,^  ()l)ser\ations,  with 
reference  to  Nour  remarks  rei^ardinj;  the  proper  construction  of  the  conven- 
tion of  Ajiril,   1.S24,  hetweeu  the  I'liited  States  and  Russia. 

'The  hrsl  article  of  that  instrumi'nt  is  oidy  declaratory  c)f  a  riL,dit  which 
the  ])arlies  to  it  possessed,  under  the  law  of  nations,  wi.iioul  conventional 
sti])ulatioiis,  to  wit  :  to  navigate  and  fish  in  the  ocean  u|)on  an  unoccu- 
l)ied  coast,  and  \.-)  resort  lo  sucii  coast  for  the  pur[)ose  of  trading  with  the 
naliv  es. 

The  second  arti(  le  prohibits  the  one  part\'  from  resorting  to  points,  oc(  u- 
pied  bv  the  other,  without  permission. 

The  third  article  prevents  each  ])arty  from  occupying  new  points  within 
certain  limits. 

'I'he  fourtli  article  grants  permission  to  either  party  to  fre(|uent,  for  a 
S]ie(  ified  term,  the  interior  seas,  gulfs,  harbors,  and  creeks,  upon  the  wh(de 
northwest  coast  ol  .\meri(  a,  without  regard  to  limits  or  occupation,  for  the 
purpose  of  fishing  and  of  trading  with  the  natives  of  the  countrw 

rhei|uestion  is  as  lo  the  meaning  and  object  of  this  last  mentioned 
article.  1>  ii  to  be  iuterpretetl  as  an  agreement  by  either  of  the  |>arties  to 
abandon,  after  a  specified  term.  tln'  right  to  resort  to  any  part  of  the  coast 
whii  li  is  unoc(  u,Med  ? 

If  the  fourth  article  is  to  be  considered  as  ai)i)li(  able  to  ports  of  die 
coast  unoc(upied.  t'len  it  niereh'  provides  for  the  temporar\-  enjovment  of 
a  privilege  which  existed  in  perpetuitv.  under  the  law  of  nalions,  and 
whi(  li  has  been  expri'ssh  declai'ed  so  ti>  exist  bv  a  previous  articU'  of  the 
coiwention  < 'ontaining  Ud  provision.  llierefoiX',  not  endiraced  in  the  pre- 
ceding .irti(  le.  it  would  be  u-eless,  and  of  no  effect.  but  the  rule  in  regard 
to  the  coiistriK  tiou  wf  an  inslnunent.  of  whatever  kind,  is.  that  it  shall  be 
so  construed,  if  pdssible,  as  thai  ever\   p.nt  may  stand. 

[f  lh>  article  be  construed  to  in(  hide  points  of  llu'  coast  alreadv  occu- 
pi'_'d,  it  then  takes  effect,  ihiis  far,  as  a  temporarv  exception  to  a  perpetual 
prohibitioii.  and  the  only  (  onseipient  e  of  an  expiration  of  the  term  to  which 
il  is  limit'-d  would  be  the  immetliate  and  continued  ope',\liou  of  the  i)ro- 
hibition. 

It  is  still  more  reasonable  to  t»n»K>rstand  it,  howeveV,  .is  intended  to  grant 
permission  to  enter  interior  bays,  etc.,  at  the  mouths  of  which  there  might 
be  establishments,  or  the  sKivres  of  wlm  h  might  be  in  part,  but  not  wliollv, 
occupied  b\    sm  h    establishments  ;   thus  providing    for    a  case    whic  h   would 


S3 


/,?'•*- 
/'\)/ 


ul  Sth  of 
.'(1  U)  the 
oils,  witli 
c  conven- 

glit  wliicb 
ivfntit)n;il 
1  iinoccu- 
;   with  tlie 

iiUs,  (>('(  li- 
lts  within 

iciit.  tor  a 
ilic  whole 
n.    for  the 

ni-ntioned 
larties  to 
the  coast 

rts  of  Jie 
ivmeiit  of 
ions,   and 

I  le  of  tlie 
n  the   1  (re- 
in re.uard 

t   shall  be 

adv    o(<'ii- 
perpetiial 

II  to  which 
>f  the  jiro- 

d  to  grant 
lere  might 
Kit  wlioll)', 
ii(  h   would 


otherwise  ndniit  of  doiilit.  as  without  the  4th  article  it  wfiiild  he  iiiieslionahle 
uliether  tlu-  bays,  etc.,  described  in  it  belonged  to  the  first  or  second  article. 

Tn  no  sense  can  it  be  understood  as  implying  an  acknowledgment  on  the 
|iart  of  the  United  States  of  the  right  of  Russia  to  *ln'  nf)ssession  of  the 
coast  above  the  latitude  of  54"  40' nortli.  It  must  lie  taken  in  connection 
with  the  other  ariicles  of  the  convention,  which  have,  in  fact,  no  reterence 
whatever  to  the  tiuestion  of  the  right  of  jjossession  of  the  iinocciipii'd  parts 
of  the  coast.  In  a  sjiirit  of  compromise,  and  to  prevent  future  collisions  or 
difficulties,  it  was  agreed  tluat  no  new  establishments  should  be  formed  by 
the  respective  parties  to  the  north  or  south  of  a  certain  |)arallel  of  latitude, 
after  the  tonclusion  of  tlie  agreement  ;  but  the  (piestioii  of  the  right  (jf 
possession  beyond  the  existing  establishments,  as  it  subsisted  previously  to, 
or  at  the  time  of,  the  conclusion  of  the  convention,  was  left  untouched. 
The  I'nited  States,  in  agreeing  not  lo  form  new  establishments  to  the  north 
of  latitude  54*^  40'  north,  made  no  acknowledgment  of  the  right  of  Rus-,ia 
10  the  territory  above  that  line,  if  such  an  admission  had  been  made, 
Russia,  by  the  same  construction  of  the  article  referred  to,  must  have 
acknowledged  the  right  of  the  United  States  to  the  territory  south  of  the 
ilesignated  line.  liiit  that  Russia  did  not  so  uiulerhtaiid  the  article,  is  con- 
clusively provetl  by  her  having  entered  into  a  similar  agreement  ( 1S25")  with 
(Ireat  IJritain  ;  and  having,  in  fact,  acknowledged  in  that  instrument  the 
right  of  ])ossession  of  the  same  territory  by  (ireai  liritain.  The  I'nited 
States  can  only  be  considered  as  acknowledging  the  right  of  Russia  to 
ac(piire,  bv  ac  tual  occupation,  a  just  claim  to  nnocciijiicd  lands  abo\i'  the 
latitude  54°  40'  iif)rth,  and  even  this  is  mere  matter  of  inference,  as  the  con- 
vention of  1.S24  < oiitains  nothing  more  than  a  negation  of  the  right  of  the 
United  States  to  occii]iy  new  jxiinls  within  that  limit. 

Admitting  that  this  intereiu  e  is  just,  and  was  in  contemplation  of  the 
parties  to  the  (  onvention.  it  cannot  follow  that  the  United  States  ever  in- 
tended to  abandon  the  just  right  a<  knowledged  by  the  first  article  to  belong 
to  them  under  the  law  of  nations,  —  lo  freijiient  any  j)art  of  the  unoccupied 
coast  of  North  .America  tor  the  purpose  of  fishing  or  trading  with  the 
natives.  .All  that  the  convention  admits  is  an  inferenc  e  of  the  right  of 
Russia  to  ac(iiiire  possession  by  settlement  north  of  54-  40'  north.  Until 
that  actual  possession  is  taken,  the  first  article  of  the  convention  acknow- 
ledges tin.'  right  of  the  United  States  to  fish  and   trade  as  prior  to   its  nego- 


tiation.    'I'liis  is  not  only  the  just  construction,  but  it  is  the  one  both  ]iarties 
are  interested  in  putting  upo 


1  the  instrument,  as  the  bene 


.>fits 


are  e(|Ui 


U   ant 


mutual,  and  the  object  of  the  convention,   to  avoid  converting  the  exercise 
of  a  common  right  into  a  dispute  about  exclusive  iirivilege,   is  secured  by  it. 


I  am,  ii:c. 


JOHN  FORSYTH. 


84 

No.  50. 
Mr.  Hallax  to  Mr.  Forsyl/i. 


[No.  .5. J 


Sir: 


Lkoaiion  ok    iiik   1'nmii:u  Siaiks  oi'  Amkkk  \, 

St.    I'Ki'Kusm'Kc;,    Marili  19,  iS^^S. 


The  (k'|uirlun'  of  a  courier  from  the  lirilisli  Legation  to-morrow,  eiial)ies 
me  to  forward  to  \()U  (opies  of  two  notes  whicli  have  recently  passed  between 
Coimt  Nesselrode  and  myself.  They  originate  in  the  rlaim  athanced  on 
behalf  of  the  owners  of  the  '"  I.oriot,"  agreeably  to  your  instructions  of  the 
4th  of  Mav.  i'S,V/-  Their  interest,  however,  is  far  more  extensive;  the 
demand  for  private  indemnity  being  merged  in  a  question  of  national  right, 
and  the  interpri'tation  of  the  treaty  negotiated  in  1824  by  my  predecessor, 
Mr.  Middleton. 

*  *  *  •■:•  :i:  *  * 

I  have,  lie, 

G.   M.    I)AI,r,AS. 

[Enci.hsuhk  I  IN  Wk.    I>ai.i,as'  No.  15.] 

Count  Ncssdrodc  to  Mr.  Dallas. 


[TKAN^L.-XTInN-.]  , 

Sr.    Pr.TKRsiuRc.   J'cl'ruary  2^5,  wS^S. 

Mr.  Dallas.  Lnvov  I'Atraordin;'ry  and  ^^inister  i'lenipotentiary  of  the 
United  .States  of  America,  by  his  note  of  tlie  15th  (27th)  of  August  last,  has 
thought  nroper  to  interpose  in  behalf  of  the  claims  preferred  b\-  Rithard 
Blinn.  a  citi/en  of  the  United  States,  and  master  of  the  merchant  brig 
"Loriot."  It  appears  from  the  above-mentioned  note,  that  in  1S36,  this 
vessel  having  sailed  for  the  northwest  coast  of  America,  arrived  at  Forrester's 
island,  in  latitude  of  54  degrees  55  nn'nutes  north,  with  the  intention  of 
emplosing  the  natives  in  hunting  tor  sea-otters,  and  that  a  {k:\\  days  after  his 
arrival  he  was  ordered  off  by  a  brig  of  the  Russian  American  C'oini)an.y,  witii- 
out  having  been  able  to  pursue  his  project.  Mr.  Blinn.,  in  virtue  of  the 
stipulations  of  the  convention  of  the  5th  (17th)  of  April,  1S24,  and  especially 
of  the  ist  article  of  that  convention,  now  ]>refers  ( omplaints  against  the  con- 
du(  t  of  the  Russian  brig  towards  him  ;  and  asks  indemnification  for  the  losses 
sustained  in  const'(|uence,  by  the  projirietors  of  the  "Loriot." 

A  claim  of  this  nature,  presented,  too,  by  the  representative  of  a  power 
with  which  Russia  is  anxious  to  cultivate  the  most  friendly  relations,  deman.ded 
the  most  serious  attention  on  the  part  of  the  Imperial  ntinistry.  The  Russian 
American  (  ompan\-  was  accordingly  a.sked,  without  delay,  for  minute  infor- 
mation respecting  all  the  (irciunstances  connected  with  the  above-mentioned 
facts,  in  order  tliat  it  might  be  examined  with  an  entire  knowledge  of  the 
affair.  Tins  information  lias  riot  yet  reached  the  Imperial  miitistry,  as  the 
Russian  Ameri<an  ('ouipan\-  has  not  to  this  moment  received  any  special 
rejjort  <-on'er!iing  the  ordering  off  of  the  "l.oriot."  Tt  appears,  however, 
from  the  (  in  umstances  as  stated  in   the  ver)'  note  of  Mr.  Dallas,  as  well  as 


<^s 


-A, 

(1  l)L't\VC'L'11 

aiKX'd  oil 
:)ns  of  the 
isivc;  the 
iiial  right, 
cclecessor, 


,I,AS. 


:iry  of  the 
■it  hist,  has 
i\  Rithard 
:hant   brig 

1S36,  this 
[•'orrester's 
tention  of 
,s  after  his 
lai^y,  with- 
tue  of  tiie 

especially 
■it  the  con- 
r  the  losses 

>f  a  power 
(lemaiuled 
he  Russian 
mite  infor- 
ineiitioned 
dge  of  the 
itry,  as  the 
my  s])ecial 
,  however, 
,  as  well  as 


Irom  a  (li'positKin  iiuulr  hy  one  of  the  officers  re*  entl\'  returned  Ironi  tliose 
(  oiintries,  that  in  notifying  Mr.  Richard  Blinn  to  (piit  the  shores  where  he 
was.  the  coniinander  of  tiie  Russian  brig  diil  nothing  more  than  conform  with 
the  instructions  given  to  liim,  at  the  expiration  of  the  4th  artide  of  the  con- 
vention. 

I'.y  examining  the  stii)ulations  of  that  (onvention.  with  thesjjirit  of  equity 
ulii(  h  marks  the  character  of  Mr.  Dallas,  he  will  I,  ■  convinced  that  the 
Ini|)erial  (iovernment  cannot  ai  knowledge  tiie  justice  of  the  (omplainls  of 
Mr.  IJIinn. 

It  is  true,  indeed,  that  the  ist  article  of  tlie  convention  (»f  i,S.-  \,  to  wirich 
the  proi)rietors  of  the  "Loriot"  ap|ieal,  set  iires  to  the  citizens  of  the  United 
Statt'S  entire  libert\-  of  navigation  in  the  Pacific  Ocean,  as  well  as  the  right 
of  landing  without  disturbance  upon  all  points  on  the  northwest  coast  of 
America,  not  already  o( cupied.  and  to  trade  with  the  natives.  Hut  this  lib- 
erty of  navigation  is  subjet  t  to  certain  conditions  and  restrictions,  and  one  of 
these  restrictions  is  that  stipulated  by  the  4th  article,  which  has  specially 
limited  to  the  period  of  ten  years  the  right  on  the  part  of  the  citi/ens  of  the 
United  States  to  fretpient,  without  di^.turbance,  the  interior  seas,  the  gulfs, 
harbors,  and  creeks,  north  of  the  latitude  of  54  degrees  40  minutes.  Now 
this  period  had  expired  more  than  two  years  before  the  "Uoriot"  anchored 
in  the  harbor  of  'I'uckessan.  In  1835  the  Emj)eror's  minister  in  the  United 
States  had  received  orders  to  call  the  attention  of  the  cabinet  at  Washington 
expressly  to  the  circumstance  of  the  ex])iration  of  this  period;  and  in  con- 
se([iience  of  the  official  note  addressed  on  this  subject  b\  Uaron  de  Krudener 
to  the  Secretary  of  State,  the  Government  of  the  United  States  caused  to  be 
published,  in  the  Washington  newspai)er,  a  statement  th.at,  as  the  i)eriod  of 
ten  years  had  expired  on  the  4th  of  Ajnil,  tST,4,  "  the  (}(jvernor  of  the  Russian 
colonies  had  formally  notified  the  commanders  of  American  vessels  in  that 
(piarter  that  they  could  no  longer  claim,  under  the  convention,  the  right  of 
landing  without  distinction,  at  all  the  harbors  belonging  to  Russia,  on  this 
coast." 

If,  ',.  n,  notwithstanding  so  formal  a  warning  which  the  GovtTnnicnt  of 
the  United  States  had  itself  aided  in  conveying  to  the  knowledge  of  the  citi- 
zens of  the  Union,  the  owners  of  the  ''Loriot"  ventured  upon  an  expedition 
to  coasts  where  they  had  for  two  years  been  interdicted  from  landing  it  ai)])ears 
that  they  should  attribute  only  to  themselves  the  ill  success  of  this  enterprise, 
and  that  the  Im])erial  Government  cannot  admit  tiieir  claims,  nor  acknow  ledge 
their  title  to  indemnification.  In  communicating  these  observations  to  Mr. 
Dallas,  the  undersigned  flatters  himself  with  the  belief  that  he  will  admit  the 
justice  of  them,  and  cause  them  to  be  viewed  in  the  same  light  by  liis  (Govern- 
ment. 

In  this  lio])e  he  [)ravs  the  envo\  to  accejit,  (Jtc, 

NESSELRODK. 


[ENCLOstiRR  2  IN  Mk.  Dallas'  No.  15.] 

3fr.  Dallas  to  Count  Ncsselrodc. 

St.  Pi'-.TERsnuRo,  5th  (17th)  March,  1838. 

The  undersigned.  Envoy  Extraordinary  and  Minister  Plenipotentiary  of 

the  United  States  of  America,  had  the  honor  t(i  receive  the  answer  of  his 

excellency  ('otint  Nesselrode.  \'i',x-("hanceHor  of  the  emi)ire.  dated  the   23d 

February,  1838,  to  the  communication  which  the  undersigned,  conformably 


86 


to  thr  sjicc  i;il  charge  of  his  Government,  addressed  to  his  excellency  on  the 
I5lh  (271I1)  (if  An,mist.  1837,  in  relation  to  the  interference  of  certain  ot  his 
Imperial  Majesty's  armed  forces  with  the  merchant  brig  "Loriot,"  owned 
and  commanded  by  citizens  of  the  United  States,  and  |)roseciiting  a  trading 
voyage  to  the  northwest  coast  of  America. 

The  remoteness  of  the  regions  where  the  incitlents  occurred,  wiiicii  con- 
Siitute  the  foundation  of  the  reclamation  on  behalf  of  the  parties  injured, 
and  the  known  difti(  iiltv  of  obtaining  circumstantial  details  of  any  event  in 
that  ([uartir,  connected  with  the  assurance  of  his  excellency  that  the 
Imjiterial  Ministry  had  given  to  the  subject  its  serious  attention,  must  have 
engaged  the  undersigned  to  ])rotracte(l  silenc  e,  under  the  c  onviction  that 
every  thing  whi(  h  the  justice  of  the  ( ase  rccjuired,  would  ultimately  be 
attained.  The  note,  however,  of  his  excellency,  if  accurately  understood, 
dispenses  with  the  necessity  of  additional  information,  and,  adopting  the 
statement  of  facts  derived  by  the  American  (lovernment  from  its  citizens, 
would  seem  to  remove  all  motive  for  further  delay.  An  early  notice,  there- 
fore, of  the  grounds  upon  which  a  recognition  of  the  claim  has  been 
dec  lined,  is  imjielled  alike  l;y  a  j^rofound  respect  for  the  source  whence  they 
emanate,  and  by  a  sense  of  the  peculiar  imjKjrtance  with  wliic  h  they  bear 
u])on  the  relations  and  interests  of  the  two  countries. 

The  light  in  which  the  President  of  the  United  vStates  regarded  the 
treatment  of  ("a])tain  Blinn,  jtrecluded  the  possibility  of  his '  supposing  it 
warranted  by  the  public  authorities  of  Russia.  He  will  hear,  with  painful 
surprise,  that  the  sulxjrdinate,  by  whom  that  treatment  was  inflicted,  cJid  but 
obey  the  instructions  with  which  he  had  been  furnished  in  consecpience  of 
the  expiration  of  the  fourth  article  of  the  convention  of  1824.  It  will  be 
recollected  that  more  than  two  and  a  half  years  ago,  the  American  Secretary 
of  State.  Mr.  Forsyth,  in  a  letter  cjf  the  21st  of  July,  i<S35,  addressed  to  his 
Imjjerial  Majesty's  Minister  then  at  Washington,  the  Baron  de  Krudener, 
expressed  a  wish  to  receive,  as  early  as  practicable,  precise  information  of 
the  measures  his  Imperial  Majesty's  (iovernment  had  adopted  or  proposed  to 
ado])t  in  relation  to  the  aclmi.->sicjn  of  American  vessels  into  the  harbors, 
bays,  and  rivers  of  1  he  Russian  settlements  on  the  northwest  coast  of  the 
continent;  that  this  recpiest  was  reiterated  by  Mr.  Wilkins,  the  [>redecc-'ssor 
of  the  undersignec],  in  a  conmiunic  ation  of  the  ist  of  November,  1835;  and 
that  his  excellency  Coimt  Nesselrode,  in  answer  thereto,  referring  to  the 
sjiring  of  1836  as  the  earliest  jieriod  at  which  an  exact  knowledge  could  be 
obtained  of  tlie  measures  which  the  local  authorities  had  adoi>ted.  or  which 
it  would  be  !iec:essary  tcj  adcjpt,  left  no  room  to  doubt  that  they  would  then, 
(jr  as  soon  as  digested,  be  made  known  to  the  American  Government.  This 
information,  so  desirable  as  a  basis  for  any  corresijonding  measures  to  whic:h 
the  United  States  would  have  been  urged  by  their  uniform  dispositions  of 
amity  towards  Russia,  as  well  as  by  a  ])rovident  attention  to  the  regularity 
and  security  of  their  own  commerce,  has  never  been  imi)arted.  Had  the 
purport  of  the  instruction,  under  which  the  "Loriot"  was  violently  seized 
and  driven  from  her  voyage,  been  comnumicated,  it  would  not  have  been 
allowed  ti)  work  injury  and  loss  to  unoffending  jjersons,  without  at  least 
being  Hrst  made  the  obje<  t  of  candid  remonstrance,  or  of  jjrecautionary 
notice.  .And  the  President  of  the  United  States,  unapprized  of  these  regu- 
lations, or  of  the  jiarticular  points  of  the  northwest  coast  on  which  Russian 
establishments  were  newly  formed,  c-ouhl  not  but  view  the  abrupt  proceeding 
to  which  (.'a|)tain  I'lliim  was  subjected,  as  an  act,  under  any  aspect,  of  the 
most  unfriendly  charac  ter.  How  fat  this  sentiment  will  be  changed  or 
i]u:ilinecl  by  unexpec  teclly  finding  the  slight  on  the  .American  flag,  and  the 
armed  opposition  to  Americ  an  trade,  to  have  been  ordered,  and  to  be  now 


87 


■  on  the 

11  ot   his 

owned 

trading 


sanctioned,  by  the  GovernnK'nt  uf  his  Ini|ii'ri;il  Majesty,  upon  the  |iiin(  iplos 
stat<.(l,  tlic  inutLTsif,Mie(l  cannot  venture  to  foresee. 

Nor  is  the  "in;"ornial  notiie"  (i)inK  l)efore  the  nndersij^ni'd  )  puMislud, 
at  the  repeated  re(]t:est  of  i-aron  de  Knulener.  in  the  Washington  '•(ilobe" 
of  the  22d  of  Angiist.  1^;^$'  '"•  which  his  ex(  ellency  has  referred.  siisceplii)le, 
in  the  estimation  of  the  undersigned,  (jf  a  construction  which  (an  as(  ril)e  to 
the  Ainerii  an  (lovernnient,  <jr  any  of  its  (  itizens,  the  knowledge  that  a  voyage 
like  the  one  (  onteniplated  by  Captain  lilinn  was  inconsistent  withanv  colonial 
interdict  or  general  pretension  of  the  Inii)erial  aulhorit'es.  Farfroniit.  I'hat 
publication,  while  characteristic  of  tiie  tVank  and  con'iding  readiness  with 
whi(  h  tile  American  Kxeciitive  pro(  eeded  to  exec  ute  a  nish  exjjressed  bv  a 
power  wliose  intercourse  and  relations  inspire  no  distrust,  compels,  as  is  con- 
ceived, with  unfeigned  difference,  the  opposite  construction,  and  imports  a 
recognition  of  the  entire  lawfulness  of  such  a  voyage.  In  this  spirit,  and  in 
this  only,  was  it  originally  framed,  and  has  ever  sine  e.  without  a  ipiestion, 
been  nnderstoo<l  by  the  (loNernment  ami  peo|)le  of  the  United  States.  True, 
it  adverts  to  a  notice  issued  by  the  ( lovernor  of  the  Kussian  colonics  after  the 
expiration  of  the  4th  article  of  the  Convention,  to  the  effect  that  the  masters 
of  American  vessels  could  no  longer  (  laim  the  right  they  enjoyed  mider 
that  4th  article  of  landing,  at  all  the  lan(Ung  i)laces.  without  distinc- 
tion, belonging  to  Russia  on  the  northwest  coast:  and  it  further  proceeds 
to  observe  to'all  interested  in  the  tradt.'  that,  under  the  2<\  article  of  the  same 
(  v)nventi()n.  it  is  necessary  tor  all  American  vessels  resorting  to  anv  ])(iint 
where  there  is  a  Russian  establishment.  t(j  obtain  the  ]iermission  of  the  gov- 
ernor or  commander.  To  the  scope  or  ]ihraseology  of  this  "  inlormal  notice," 
it  is  believed  IJaron  de  Krudener  ne\'er.  orallv  or  in  writing,  took  the  slightest 
exceiJtion.  it  will  surely  be  jterceived  by  his  excellem  v  Count  Nes.selro(le, 
to  contain  no  inhibition  of  trading  voyages  generally  to  the  northwest  coast 
of  America;  but.  on  the  contrary,  to  conline  its  admonition  exjiressly  and 
l)recisely  to  ''  laiidiii}^ places  />f/t>ni:;ui<^  to  A'//.ss/a,'"  and  to  "  (un  point  on  tin- 
coast  7C'/ir/r  tlicrc  is  a  Russian  establishment.'"  Such  landing  places,  and  such 
points  were  alone  sui)posed  to  be  embraced  in  the  notice  of  Ciovernor  Wrang<'I, 
and  were  alone  designated  in  the  public  ation.  American  voyages  to  them 
were  no  longer  as  unembarrassed  as  during  the  operation  of  the  4th  article  of 
the  convention  ;  but  to  all  other  ])oints  of  that  vast  and  wild  territory,  the 
freedom  of  American  navigation  and  trade  remained  uniiv  paired.  It  formed 
no  part  of  the  purpose  of  Captain  Blinn  to  visit,  with  or  without  permission, 
any  landing  ])lace  or  point  distinguished  by  Kussian  occupancy  or  establish- 
ment;  and  it  is.  therefore,  submitted  that,  even  sujiposing  him  to  have  read 
the  paragrai)h  adduced,  he  could,  at  least,  dedui:e  from  it  nothing  adverse  to 
his  voyage. 

'I'he  decision  of  the  Imperial  Ministry  is  stated  b\  his  excellency  the  \'ice- 
Chancellor  to  result  from  the  very  circumstances  set  forth  in  the  note  of  the 
undersigned,  as  well  as  from  an  affidavit  of  an  officer  recently  returned  from 
the  Russian  colonies,  and  to  be  founded  upon  the  convention  of  1S24.  .As 
the  contents  of  theaftldavit  are  not  mentioned,  they  are  i)resumed  not  to  aft'ect 
materia^])  iW  narrative  of  the  note,  and  certainly  not  to  introduce  any  sub- 
stantive .asserti.jn  or  denial  adecpiate  to  give  the  case  a  totally  new  charac  ter, 
and  to  txa'  t,  i.y  its  own  force  merely,  a  judgment  which  could  not  be  reached 
without  ■;;  \  !ie  remarks,  therefore,  which  the  undersigned  i)ro])oses  to  sub- 
join, art  necessarily  restricted  to  the  admitted  allegations  on  behalf  of  Ca]itain 
Blinn,  mi  i  onnection  with  the  sti|)ulatic)ns  of  the  treaty. 

If,  in  [uirsuing  this  c-our.se,  any  injustice  be  done  to  the  reasoning  or  views 
of  the  Imi)erial  Ministry,  he  will,  on  the  slightest  intimation,  hasten  to  rectify 
it  with  ihe  frankness  which  he  esteems  indisi)en,sable  to  the  faithful  discharge 
of  his  representative  duty. 


IMAGE  EVALUATION 
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///. 


Photogrdphin 

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Corporation 


23  WEST  MAIN  STREET 

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88 


Avoidiiif;  a  re|n'tition  of  details  heretofore  enumerated,  as  weM  as  ff'<.'ir 
ag^'ravatiuy  features,  the  leadinjf  facts  of  reclamation  are,  that  th»  brig 
"I,i)riol,"  owned  and  commanded  by  American  citizens,  sailed  from  the 
Sancbvic  h  Islands  on  tlie  22(1  of  August,  i.S^O,  boimd  to  the  northwest  coast, 
to  procure  provisions  and  Indians  for  huntin^  ^ea  otter;  that  having  made 
Foirester'^.  island,  she  anchored  in  the  h^bor  of 'I'uc  kessan,  in  latitude  54° 
55' north  ;  that  no  Russian  establishment  existed  in  that  harbor;  tliat  four 
days  afterwards,  an  armed  brig  of  his  lmi)erial  Majesty's  navy  went  into  a 
neighboring  harbor,  called  'lateskey.  in  latitude  54°  45'  north;  that  no  Rus- 
sian establishment  existed  in  this  latter  harbor;  that  she  was  boarded  by 
officers  from  the  armed  brig,  by  whom  her  c  a|)tain  vsas  first  ordered  to  leave 
the  dominions  of  Russia,  and  subsecjiiently  c  t)mpelled  to  get  under  way  and 
sail  for  tile  harbor  of  Tateskey  ;  that  when  off  the  harbor  of  Tatokcv  she  was, 
in  threatening  weather,  refused  permission  to  enter,  and  ]»eremptoriIy  again 
commanded  to  cpiit  the  waters  of  his  Imperial  Majesty;  and.  fmally,  that, 
owing  exclusively  to  this  interferi'm  e  of  armed  fon  e,  Iut  voyage  was  aban- 
doned, and  she  returned  to  the  Sandwic  h  Islands  on  tlv  ist  of  Novemi>er. 
It  is  this  plain  and  brief  story,  which  the  undersigned,  by  in>,truc  ticjn  of  his 
Government,  has  termed  inc  onsistenl  w  ith  tlu'  rights  of  Ameri<  an  c  iti/tns, 
imnuinorially  exen  ised  and  sec  ureil  by  the  laws  of  nations,  as  well  a>  by  the 
stipulations  of  the  tlrst  artic  le  of  the  convention  of  1824,  and  entitling  the 
parties  injured  to  sue  h  indemnific  ation  as  n)ight  on  an  investigation  lie  found 
justly  their  due. 

The  right  of  the  citizens  of  the  United  States  to  navigate  the  Pacific 
Ocean,  and  their  right  to  trade  with  the  aboriginal  natives  of  the  northwest 
toast  of  America,  without  the  jurisdiction  of  other  nations,  are  rights  which 
constituted  a  part  of  their  inde|)endence  as  soon  as  they  declared  it.  'I'hcy 
are  ri;,'hts  founded  in  the  law  of  nations,  enjoyed  in  connnon  with  all  other 
independent  sovereignties,  and  incapable  c^f  being  abridged  or  extinguished, 
excejil  with  their  own  ccjnsent.  It  is  unknown  to  the  undersigned  that 
they  have  voluntarily  c one  edecJ  these  rights,  or  either  of  them,  at  any  time, 
through  the  agency  of  their  ( iovernmeiil.  by  treaty  cjr  other  form  of  obli- 
gation, in  favor  of  any  connnunity.  Net  he  deduces  from  the  communi- 
cation of  his  excellency,  after  having  given  it  the  careful  corisideration  to 
which  every  ac  t  from  such  a  source  lays  claim,  as  the  only  ground  upon 
which  the  rec  lamation  on  behalf  of  Captain  iJlinn  is  resisted,  the  i)roposi- 
tion  that  the  I'niied  Slates,  by  the  conventicjn  of  i,S24.  yielded  to  his  Im- 
perial Majesty  the  right  to  hold  connnerce,  on  the  exjiiration  of  ten  vears, 
with  the  aboriginal  natives  on  tlu'  northwest  coast  bevond  the  degree  ot 
54°  40'  north  latituile.  This  proposition,  if  established,  is  im(|U(  stionably 
fatal  to  tl;e  pretensions  of  the  master  and  owners  of  the  "  l.oriot."  It  bears, 
however,  an  .ispect  so  detrimental  to  the  interests  of  his  countrymen,  and 
to  their  attributes  as  an  inde])endent  jHnver,  is  so  inc  onsistent  with  the  past 
policv  and  principles  of  the  American  cabinets,  and  is  withal  of  such  minor 
importaiic  e  to  the  prosperitv  and  greatness  of  Russia,  that  the  undersigned 
tnists  its  want  of  solid  Ibimdalion  will,  vn  fmtlier  rellet  tion,  bt;  apparent 
antl  confessed. 

The  avowed  objec  ts  of  the  ctinvelition  between  the  I'nited  States  and 
His  Imperial  .Majesty,  were  "to  cement  the  bonds  of  amity  which  unite 
them,  and  to  sec  ure  between  them  the  invariable  maintenance  of  a  jjerfect 
concord."  The  means  of  attaining  these  invaluable  ends  were  emlodied 
in  its  artic  les.  There  is  lirst  a  mutual  and  permanent  agreement,  dec  lara- 
tory  of  their  respective  rights,  without  disturbance  or  restraint,  to  navigate 
and  fish  in  any  part  of  the  Pacific  Ocean,  and  to  resort  to  its  co.ists  u|K)n 
points  which  may  not   already    have  been  occ  upied,   in   onler  to  trade  with 


89 


the  natives.  Tluse  rights  ])re-fxisU'(l  in  tacii.  and  wt-rv  not  frt  sh  liberties 
a-snlting  from  the  s;i|Jiil;iti<>n.  'Ic  navi^ale.  to  lisi-.  and  to  < oast,  as  de- 
scribed, were  rights  ol"  e<niai  (  ertaint\ ,  springing  from  ilie  same  ^oiin  e.  and 
atfaclied  to  the  same  i|nality  of  iiationalitv.  Their  exen  isr,  liowever,  was 
subjected  t(;  certain  restris  tionsand  conditions,  to  tiie  elVect  tiial  the  citi/ens 
and  siibjt'cts  of  the  <  ()ntra<  ting  so\«t:reignties  shouhl  not  resort  to  jxiints 
where  estabhshments  existed  without  (ji)iaining  |)crmis>i(in  ;  tiiat  no  futuri- 
establishments  shonld  be  fori\it.d  by  tme  l»arty  north,  nor  b\  the  other  jiartv 
south,  of  54°  40'  north  latitude  ;  but  that,  /uvrrf/u/rss,  bi)th  uiii;ht  lor  a 
lerni  of  ten  years,  without  regard  to  whether  an  esla!)|ishiiienl  existed  or 
not,  witliout  obtaining  i.ermi>->ion.  without  any  hindraiue  wii;itcver,  fre 
i|uent  the  interior  seas,  gulfs,  harbors  and  (reeks,  to  lish  aiul  trade  with  the 
natives.  This  short  analysis  Uav-s.  f)n  the  t|uesti(.n  at  issue,  no  room  tor 
( onstruc  tion. 

The  view  taken  by  his  ex<  eilency  (outit  Ne.sselrode,  rests  u|)(;n  tlic 
l)rovision  last  referred  to.  cimtained  in  the  fourth  article  of  tiie  convention. 
(  >f  this  it  is  essential  to  fix  the  true  <  harac  ter.  Does  its  limitation  of  ten 
vears  ajiply  to  the  broad  national  right  of  resorting  to  uno(  (  upied  imints  of 
the  coast?  If  it  do  not.  the  positioii  taken  is  untenable.  I'hat  it  does  liot, 
would  seem  to  be  a  coiu  lu.sion  of  the  gravest,  as  of  the  lightest  .s<  rutiny. 

The  remmciation  of  a  prerogative  so  high  and  important,  if  designed 
would  not  have  been  left  to  mere  inferen(e  from  a  disjointed  i)aragra]i!i.  but 
would  have  been  distint  tly  expre.s.sed  in  immediate  < onnection  with  its  lirst 
statement.  No  motive  can  ])ossib!y  be  assigned  for  I'eririitting  an  intended 
abandonment  of  such  a  right,  lormally  dei  hired  in  the  lirst  article,  to  lurk 
unseen  in  the  varied  langiiage  of  the  fourth  artii  le. 

The  ])ower  of  resorting  to  unoc(  upied  |>oints  of  the  coast  existed  in  per- 
petuity by  the  laws  of  naticjns,  aud  is  so  enunc  iated  in  the  first  article.  Vo 
(ieclare  it  afterwards  to  exist  for  ten  years  would  be  to  insert  a  <  lause  idle 
ami  v.ithout  effect,  proviiling  for  the  temp'nary  enjoyment  of  what  had 
been  previously  pionounc  ed  perii'aneiit.  liiit  the  interpretation  of  every 
instrument  must  be  such  as  will,  if  possible,  give  substance  aixl  utility  to 
ea(hof  its  parts.  Applied  to  points  of  the  coa^t  alread\  occupied,  tlu'  fourtii 
article  takes  effect  as  a  temiiorary  e\(  eption  to  the  jierijetual  prohibition  of 
the  second  article  ;  and  the  only  consei|ueni  e  of  the  expiration  of  the  term 
to  which  it  is  limited,  is  the  re\i\al  and  (on'inued  operation  of  that  prohi- 
bition. 

In  em])loying.  in  the  fourth  arti<  le,  the  tlesi  riptive  words  "'interior  seas, 
gulfs,  harbors,  and  (reeks,"  there  is  a  departure  t'rom  the  <  oniprehensive 
phraseology  of  the  lirst  arti<  le.  whiiii  is  only  to  be  explained  b\  the  fact  that 
another  idea  was  to  be  expressed.  Nor  is  it  dith-  uit  lo  understand  what 
was  reallv  meant.  The  bonds  of  amity  aiul  iiertec  t  .  oin  old.  which  it  was 
so  desirable  to  cement  and  invariably  maintain,  would  have  been  endan- 
gered, in  peculiar  hxalities.  as  to  which  doubt-,  might  naturally  arise 
whether  thev  were  embra(  ed  in  the  first  or  these(f)nd  arii(  le.  If.  howe\er, 
at  their  openings,  or  upon  their  i  ommanding  highlaiuN.  or  on  tlu'iv  shores, 
an  occupied  point  or  establishiiient  existed,  it  was  thought  ex|iedient  to  let 
them  take  charai  ter  from  that  iiK  ident,  without  .iny  ni(  e  measurement  of 
its  range  or  inllueiKe.  at  the  ixjiiratioii  ^ti  ten  years  ;  and.  aciordingly.  the 
fourth  artii  le,  avoiding  too  sudden  a  <  he(  k  of  tlie  iU  tiial  account  of  trade, 
put  a  limit  of  time  upon  the  libert\  to  frniueiit  such  i)la(  es. 

The  undersigned  submits  that  in  no  sen.se  (an  the  fourth  article  i)e  un- 
derstood as  implving  an  a(  knowledgemei't,  on  the  part  of  the  L'nited  States, 
of  the  right  of  Russia  to  the  possession  of  the  (  (XLst  above  the  l.itilude  of 
54°  40'  north.     It  must,  of  course,  be  taken  in  (onnection   with   the  other 


90 

artic  les.  and  tlicv  have,  in  fa(  t,  no  rfffrcnco  whatever  U)  tl\e  (luestion  of  the 
right  (if  possession  of  Jie  iinoc  (  njiied  parts.  To  prevent  fntiire  collisions 
it  was  a,i,Meed  that  no  new  estalilislunent  shonld  lie  formed  by  the  res])ective 
]iarties  to  the  north  or  sonth  of  tlie  parallel  mentioned  ;  but  the  ipiestion  of 
the  right  of  possession  bevoiid  the  existing  establishments,  as  it  stood  pre- 
vious to,  or  at  the  tinie  of.   the  convention,  was  lett  untf)u<  hed. 

By  agreeing  not  to  form  new  establishments  north  of  latitude  54°  40'  the 
United  States  made  no  a<kno\\  ledgenient  of  the  riglit  of  Russia  to  the  ter- 
ritory alxn'e  that  line.  If  sue  h  an  admission  liad  been  made,  Russia,  by  the 
same  construction  of  the  article  ri'ferred  to.  must  have  e(]ually  acknowledged 
the  right  of  the  United  States  to  tlv  territory  south  of  the  parallel.  Hut 
that  Russia  did  not  so  understand  the  arti(  le  is  (  (hk  lusively  proved  by  her 
having  entered  into  a  similar  agreement  in  her  subse<pient  treaty  of  1X25, 
with  dreat  liritain,  and  having  in  that  instrument,  ac  knowledged  the  right 
of  ])ossession  ol   the  same  territory  bs  dreat  Britain. 

The  United  States  can  only  be  considered  inferentially  as  iiaving 
ackniiwledged  the  right  of  Russia  to  a(  ([uire,  above  the  designati-d  meridian, 
bv  a<  iiial  oc(  upation,  a  just  claim  to  unoc<  iipied  lands.  Until  that  actual 
oc(  upation  be  taken,  the  first  article  of  the  convention  recognizes  the  Ameri- 
can right  to  navigate,  fish,  and  trade,  as  prior  to  its  negotiation.  Such  is 
esteemed  the  true  construe  tion  of  the  convention  ;  the  construction  which 
both  nations  are  interested  in  affixing,  as  the  benefits  are  ecpial  and  mutual, 
and  the  great  object  is  secured  of  removing  the  exercise  of  a  common  right 
from  the  danger  of  becoming  a  dispute  about  exc  lusive  jjrivileges. 

At  tile  hazard  of  i)roving  tedious,  tlu'  undersigned  iias  thus  endeavored 
to  convey  to  iiis  exc  ellenc  y  Count  Nessvlrode  the  views  suggested  by  his 
recent  comnumication. 

The  (lovernment  of  the  L'nited  States  is  ardent  and  uniform  in  its  anxi- 
ety to  cherish  with  that  of  Russia  the  most  friendly  relations;  in  the  recip- 
ro<'ation  of  this  sentiment  the  fullest  confidence  is  felt.  The  citizens  and 
subjects  of  the  two  countries,  meeting  only  with  feelings  of  cordiality  and 
for  purjtoses  of  mutual  advantage,  are  ra])idly  rea])ing  the  fVuits  cjf  a  wise 
and  beneficent  internalional  polic  y.  Kvery  vear  enlarges  the  sphere  of  their 
commercial  intercourse,  disc  loses  the  identity  of  their  interests  and  strength- 
ens their  ties  of  amity.  In  the  persuasion  that  the  enlightened  councils  of 
his  Imperial  Majesty  will  join  with  the  .American  authorities  in  every  effort 
consistent  with  the  honor  and  rights  of  their  respective  nations,  to  rescue 
tliis  cuiulition  of  things  t>om  all  danger  of  interruption,  the  undersigned 
earnestly  invites  a '■econsideration  of  the  groimcl  ujjon  which  the  claim  of 
the  owners  of  the  "Loriot''  has  been  dismissed. 

With  a  c:onsoling  hope  as  to  the  result,  he  begs.  cVc., 

(1.   M.  DALLAS. 


No.  51. 
A/r.  Dallas  to  Mr.  Forsyth. 

[No.  16.]  I.i.d.vriDN  OK   riiK  IInimu)  States  ok  .Vmi'.rica, 

St.    PKiKksiifuc,  April  16,  1838. 
Sir: 

On  the  2isl  of  last  montli  I  received  the  answer  of  Count  Nesselrode  to 

the  proposal  made  to  him  in   my  conunnnication  of  the  28th  of  December, 

1837,  lor  the  renewal  of  the  fourth  article  of  the  convention  of  1824;  and  I 


91 


311  of  the 

collisions 
•cs])t'ctivf 
icstion  of" 
:ood  jjre- 

^°  40'  the 
)  the  ter- 
ia,  by  the 
owledgod 
tlcl.  Hut 
I'd  l)y  her 
of  1S25, 
the  right 

s  having 
meridian, 
lat  actual 
le  Ameri- 
Such  is 
ion  which 
d  mutual, 
iiion  right 

uleavored 
ed  by  his 

its  anxi- 
thc  recip- 
izens  and 
iality  and 
of  a  wise 
re  of  their 
1  strength- 
ouncils  of 
/ery  effort 
to  rescue 
idersigned 
.'  claim  of 


LAS. 


ICA, 

■sselrode  to 
December, 
S24;  and  1 


accompanied  my  acknowledgement  of  its  rci  ei])t  with  a  re(|ncst  for  information 
as  to  the  measures  adopted,  or  |)roposed  to  be  a(lo|)ted.  by  His  Ini])erial 
Majestv,  resiJi'cting  the  admission  of  American  vessels  into  the  Russian  estali- 
lishmentson  the  northwest  coast.  ('o|)ics  of  these  two  documents  are  annexed 
to  this  despatch.  Kvery  ai  t  of  aii  offh  iai  »'haracter  is  jirercdefl  by  so  iiiu(  li 
deliberation  ".ud  delay,  tliat  1  niav  not  hope  to  hear  further  on  this  subject 
for  some  weeks  to  come. 

The  refusal  to  renew  the  arti(  le  was  far  from  unexi»ecte<l.  Although  there 
may  be  miuh  truth  in  the  statements  upon  whi*  h  that  refusal  is  explained,  it 
was  foreseen  that  the  gr;is])ing  policy  of  the  I'ur  Company  would,  in  itself, 
be  <|uite  adequate  to  this  result.  1  am  unable  to  sa\  how  far  tlu'  re])rrsenta 
tion  as  to  the  extremely  limited  (  hara<  ter  of  the  American  trade  under  the 
article  be  correct,  nor  how  far  my  countrymen  ma\  be  implicated  in  the 
sale  of  spirituous  licpiors,  jjowder,  and  fire-arms  to  the  natives,  in  violation 
cjf  the  fifth  article  of  the  convention  ;  nor  whether  complaints  on  the  latter 
subject  have  or  have  not  been  made  by  the  Russian  authorities  to  those  of 
the  United  States,  invoking  in  designated  c  ases  the  penalties  presc  ribed  by 
act  of  Congress.  On  none  of  these  i)oints  do  the  archives  oi  this  legation 
furnish  sources  of  information. 

Nor  would  it,  indeed,  seem  expedient,  under  any  c  in  umstanc  es.  to  c  riti- 
cise  the  alleged  motives  for  dec  lining  a  revival  of  the  expired  stipulation. 
No  consecjuence  could  follow  but  disagreement  in  relation  to  details,  when 
the  main  point  is  one  exclusively  of  discretion,  is  obviously  decided  beyond 
the  probability  of  <'hauge,  and  that  decisicjn  is  comnuinic  ated  in  the  most 
friendly  terms. 

By  the  expiration,  in  Ajiril,  iS;,4,  of  the  ten  years  limited  in  the  fourth 
article  of  the  convention,  and  1)\  the  definitive  refiisal  to  renew  it,  the 
Imperial  Ciovernment  would  seem  t-.  attain  an  important  objec  t  in  their 
northwestern  colonial  policy,  while  the  Cnited  States  forego,  in  fact,  notliing 
but  a  series  of  vague  claims  cah  ulated  oidy  to  embroil  and  complicate  the 
relations  of  the  two  countries.  My  predecessor,  Mr.  Middletoii,  b\  wh.oni 
the  convention  was  negotiated,  conceived  the  article  to  be  a  mutual  grant, 
temporary  in  its  duration,  extending  to  spec  ific  and  particular  jirivileges, 
which  the  traders  of  neither  nation  would  enjoy  as  general  rights.  lie 
regarded  the  liberty  to  c  arry  on  commerc  e,  without  any  liindranc  e  whatever, 
with  the  natives  in  the  interior  seas,  gulfs,  harbors,  and  creeks  of  the  Russian 
settlements,  as  so  muc  h  added  to  the  range  of  our  trade  beyond  its  natural 
boundaries;  and  he  anticipated  that,  betore  the  lapse  of  the  term  i)ropose(l, 
the  Russian  settlers  would  perceive  the  imi)ortance  of  our  unshackled  inter- 
course, as  a  sure  and  economical  means  for  obtaining  sup]jlies,  and  wo,.! 
ultimately  prolong  it  indefinitely.  With  these  views  and  impressions,  during 
the  pendency  of  the  negotiaticjn,  he  originated  the  fourth  artii  le,  which  formed 
no  part  either  of  the  projet  of  a  treaty  sent  to  him  by  Mr.  Adams,  then  Sec- 
retary of  State,  or  of  the  projet  he  submitted  to  Count  Nesselrode  at  their 
first  conference  on  the  c;th  of  i-'ebruary.  1.S24. 


92 

'I'lir  ailoplioii  (),"  tin-  aiti(  Ic  suspended  for  ten  years  tlu-  ncct'ssity  of  prac- 
ti(  all\  (lis(  riiiiiiialiii},'  between  such  places  on  the  nortliwest  coast  as  were  open 
to  a  cDinuion  trade,  in  c()nse<pien(  e  of  heiuj;  .^avai^e  and  iinoccii|)ie(l,  and 
those  accessible  only  i)\  permission  from  a  lo(  al  authority.  In  other  words, 
there  was  no  ininiecbate  (all  for  agreeing  and  tiellning  wliat  shoukl  constitute 
an  ••  i>tabiishnienl,"  an  "  o(  (  upancy,"  or  a  •' sjltlemeni,"  so  as  to  redeem 
a  given  spot,  with  its  ( ontiguous  territory,  t'rom  a  wild  state,  and  subject  them 
to  an  exclusive  jtirisdictiop  During  the  pres<  ribed  period,  in  this  particidar, 
everything  was  left  ;is  large  as  before;  and  here  lies,  in  my  opinion,  the  chief, 
if  not  the  only  important  ini  ideiit  of  the  refusal  to  renew  the  article.  It  will 
become  ne(  ess.iry  now  to  have  soint:  distinct  unil' islanding  as  to  the  nature 
and  range  of  the  act  of  coloni/ing,  which  shall  i)ernufnently  vest  the  tloininion 
in  either  nation.  Without  this,  oiu'  ( ommerce  in  that  interesting  quarter 
must  be  impeded  and  narrowed,  and  proba!)ly  soon  entirely  ileslroyed,  by  the 
ab^iurd  ]irelfnsions  of  the  Russian  Fur  ( 'ompany. 

The  stipulated  freedom  to  trade  unmolested  within  the  interior  seas, 
bays,  <  reeks,  and  harbors  of  the  northwest  coast,  being  regarded,  under  our 
( onstrui  tion  of  the  treaty,  as  solely  applicable  to  occui)ied  pla<  es,  and  hav- 
ing ceased  upon  the  cxijiration  of  the  ten  years,  it  becomes  essential  to  the 
safe  ])rose(  ution  of  Amcric  an  enterprise  anil  traftic  in  these  remote  regions, 
that  we  shiicild  ascertain,  if  jKJSsible,  wliich  of  the  interior  seas,  bays, 
crei'ks.  and  harbors  fall,  by  actual  Russian  settlement,  under  exclusive 
Russian  dominion.  .Mthough  the  tacts  be  extremely  diffi(  ult  to  reach,  and 
a  powerful  !nono|)oly  be  interested  and  at  work  to  misrepresent  them,  still 
something  ma\  be  eft"e(  led  bv  furnishing  to  our  citi/ens  a  rule  b)  which  to 
Ust  ihe  (  hara(  ter  and  cNteut  of  any  occupation  whose  existence  is  alleged 
as  ai;  iin|)edimenl  (o  an  intended  voyage.  And  if  we  cannot  spare  one  or 
two  of  our  vessels  of  war  to  make  a  thorough  examination  of  the  coast,  as 
well  as  to  asseil.  in  detianc  e  ot  petty  obstacles,  the  national  right  to  trade 
freelv  u|)ou  uno(  <  upied  points,  we  mast  be  (ontent,  however  reluctantly,  to 
lake  just  such  statements  for  intormation  as  it  may  |)lea.se  the  Fur  Company's 
otfic  iTs  and  agents  to  give.  Sujiposing.  tluii,  what  I  do  not  ex])ect,  that 
the  Imperial  (lovernment  will  abandon  the  ground  it  has  taken  in  the  case 
of  Cajilain  Blinn,  and  admit  thai  we  still  pos.sess  the  liberty  of  holding  coin- 
m.'H  e  with  the  natives  north  of  the  line  of  delimitation,  I  shall  be  anxious 
to  have  \ our  iiislru(  lions  a.s  to  the  suggested  expediency  of  calling  frankly 
tor  an  enumeration  of  the  points  on  the  coast  .it  which  Ri'..-..,iiin  settlements 
are  alleged  to  exist,  and  of  inviting  the  atljustment  of  some  definite  ride  by 
wlii(  h  the  realilv  of  a  settlement,  and  the  extent  of  its  adjacent  operation, 
mav  at  any  time  be  peai  eably  determined.  It.  however,  the  j)osition  taken 
in  nlirjiue  to  ('apl.iin  ISlinn's  (  laiin  be  adhered  to,  these  inferior  in(|uiries 
(  annot  be  made  ;  for  that  jjjsition,  as  will  be  remend)ered,  excludes  our 
commen  e.  ex(  ept  by  Russian  permission,  from  the  whole  coast  beyond  the 
degree  54"  40'  north. 

I  should  jicrhaps  feel  warranted  in  pursuing  measures  for  this  purpose 
wiihoui  (ii  l.iy.     The  re(|uest  tor  infirmation  as  to  the  regulations  to  be  en- 


of  prac- 
LTr  opiii 
ic'd,  ;iinl 

r  words, 

mslitiitc 

U'dcfiii 

LTt  lliciu 

uliciilar, 

R'  (  liicl, 

It  will 

!(.■  iiatiin- 

(iininioii 
J,  (lucirtcr 
d,  l)v  the 


93 

fonid  ill  irlalion  to  Aincricaii  vcsm'Is.  iiradr  in  inv  last  note  to  Count 
Ni'ssi-lrodf.  may  lie  i^trcnu'd  a  fair  prciiniinary.  lUit  1  am  anxious  to 
know,  before  proc-idiii^  furtlur,  whctlu  r  tlu-  dccidt-d  manner  in  whi(  li  1 
have  treated  tlie  (  laim  lo  cxchisivr  dominion,  in  the  affair  of  the  "  l.nriot." 
he  approved  or  not;  and  whether  the  right  Ity  the  laws  of  nations  to  traile 
with  the  natives  on  uno(  (  npied  parts  of  tlie  coast  be  esteemed  so  certain 
and  so  important,  that  it  will  be  insisted  on,  even  at  the  hazard  of  inter- 
ruptin},'  the  amicabU'  relations  of  the  two  (ountries.  I  wish  to  sliape  uiy 
progress  so  as  to  harmonize  in  every  movement,  as  iiearlv  as  jiossiide,  with 
whichever  alternative,  inilexibilily  or  coik  essioii,  the  President  iiiav  esteem 
the  higiu'st  ami  truest  polii  v. 


I  have,  iVc, 


* 


C.    M.    DALLAS. 


•lor  seas, 
inder  our 
and  hav- 
al  to  the 
'.  regions, 
as,  bays, 
exclusive 
.'ach,  and 
icm,  still 
which  to 
!s  alleged 
re  one  or 
coast,  as 
L  to  trade 
tantly,  to 
ompany's 
)e(  t.  that 
1  the  case 
ling  coin- 
e  anxious 
g  frankly 
•ttlements 
te  rule  by 
iperation, 
ion  taken 
•  inipiiries 
hides  our 
;yond  the 

s  jnirpose 
to  be  en- 


[KNCI.dSlia-    I    IN    Mk      jlAI.IAs'Xil    ifi.l 

Coitni  iVessc/roi/i-  to  Mr.  Dallas. 

[I'kansi.aocjn.] 

St.   I'KTKKsr.CRc,    March  9.  iS.vS. 

The  undersigned  has  had  the  honor  to  receive  the  note  that  Mr.  hallas. 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  I'liited  States  of 
America,  was  |ilease(l  to  address  him  on  the  16th  (  iSth  1  of  Dei  ember,  rela- 
tive to  the  i>roposilion  pr(.\iou>i\  lirought  forward  bv  Mr.  W'ilkiiis.  to  renew 
the  fourth  article  '.^'i  the  (onveiition  of  Ai)ril  ,-\.  1S24.  of  which  tlie 
effect  had  been  limited  to  a  term  often  year>,  and  whii  h  had.  (  onsei|uentl\ , 
expired  in  iN,H- 

The  desire  not  to  decide  a  i|uestion  of  this  im|)ortan(  e  without  a  thor- 
ough knowledge  of  the  subjet  t.  did  not  jHTinit  the  Imjierial  <  loverninent  to 
give  an  opinion  in  relation  to  it  until  detailed  information  had  been  col- 
lected, as  well  in  regard  to  the  want^  of  the  Russian  establishments  in 
.\inerica  as  to  the  intluence  that  the  state  of  things  sec  ured  by  the  fourth 
artic  le  had  exercisi-d  there.  In  setting  forth  this  consideration  to  Mr. 
Wilkins,  the  unilersigned  intimated,  in  his  note  of  the  jSth  of  No'emlur, 
1.S35,  that  he  would  give  timely  notice  to  the  legation  of  the  I'nited  States, 
of  the  determinations  adopted  on  this  subjec  t  by  the  Russian  Ctovernment. 

The  information  then  expec  ted  has  since  reached  the  undersigned,  and  it 
ajipears  that  tlv  ■  x"culioii  oi'  the  temporary  |)rovisions  contained  in  the  fourth 
article  had  not  been  unattended  with  serious  inconveniem  es.  and  that  it  has 
been  realh-  injurious  to  the  prosperity  of  the  Russian  establishments  on  the 
northwest  coast.  The  greater  part  of  the  loreign  vessels  wliieh  resort  to  tli's 
<  oast,  in  virtue  of  the  said  stipulations,  have  only  made  u>e  of  the  right  of 
trading  with  the  natives,  in  order  to  sell  them  spirituous  licpiors.  j"ire-arms, 
and  gh.iiK)W(ler.  Accordi!ig  to  the  tenor  of  the  t"il'th  artii  le,  these  artic  les 
were  exjjressly  excluded  from  the  trade;  but  experience  has  proven  that  this 
ex(  lusion,  and  also  the  legislative  measures  bv  which  the  (loverninent  of  the 
United  States  .sought  to  carrj  it  into  effect,  were  illiisorx  ;  since,  by  the  same 
article,  the  contracting  parties  had  dei)rived  themselves  of  all  means  of  c 011- 
trollng  the  vessels  which  should  visit  these  latitudes,  so  that  entire  cargoes  of 


94 


nini,  of  I'lri'  nrins,  and  aminniiition.  have  hirii  carried,  without  hindrance, 
into  tlie  Riissi.m  posM's^ions,  and  soli!  to  tlu'  natiscs,  liiiis  neicssarily  ei\ilan- 
gerinj(  the  germs  ot'  order  and  (  ivili/ution  which  the  agents  of  the  Russian 
Ainerii  an  roinpanv  iiaw  airt.ad\  sniieedid  in  intriuhicing  among  these 
udies. 

It  is,  moreover,  to  be  oliserved.  tl'.at  tiie  articles  comprised  in  tliis  fraud- 
ulent trade  were  e\pressl\  tliose  (jf  whi(  h  tiie  sale  there  offered  most  advant- 
ages, l>e(  aiise  the  Russian  American  C'(ini|iaii\  having  on(  e  for  all  ex<luded 
them  from  its  own  traffic  with  the  native's,  the  latter  could  only  procure  them 
on  hoard  foreign  \essels. 

This  >tate  of  things  could  not  fail  to  occasion  complaints  and  remon- 
strances, whi(  h,  the  Imperial  Government  being  ever  anxious  for  the  pres- 
ervation of  its  relations  with  the  United  States,  would  alone,  from  that  time, 
be  an  a(K(piate  motivi'  to  indm  e  it  to  desire  that  the  stipulations  of  the  fourth 
article  should  not  be  renewed.  Hut  another  consideration,  not  less  decisive, 
here  jjresents  itself:  this  is  the  obligation  under  whi(  h  the  Ini|)erial  Govern- 
ment is  pla<  ed  to  protect  the  (()nHner(  e  and  navigation  of  the  Russian  <  olonies, 
and  to  set  un-  to  them,  henceforth,  the  peaceable  enjoyment  of  the  advantages 
whi(  h.  by  virtue  of  their  j^rivileges,  they  are  destined  to  gather  from  the 
imjirovement  ^ rxf>l(>itatioii)  of  the  fisheries  as  well  as  from  the  trade  with  the 
natives. 

These  < onsiderations,  taken  together,  render  it  im])ossihle  for  the  Im- 
jjcrial  Government  to  ac(  ede  to  the  i)roposition  which  has  been  made  to  it 
to  renew  the  stijiulations  of  the  fourth  article.  The  regret  e.xperienced  l)y 
it  on  the  occasion  is,  however,  diminished  by  the  conviction  that  the  United 
States  would  not  themselves  ilerive  any  espec  ial  advantage  from  the  longer 
continuance  of  these  stipulations  ;  sin(  e,  according  to  a  statement  of  the 
navigation  in  these  jilaces,  even  whilst  the  fourth  article  was  yet  in  tbrce, 
there  were  ne\er  more  th.m  four  Ameri<an  vessels  arrived  in  the  course  of 
a  whole  \ear.  and  that  even  tiiis  number,  hardly  to  be  taken  into  account 
in  the  tlourishiiig  state  of  the  mercantile  marine  of  the  Union,  was  dimin- 
ishing in  j)roj)ortion  as  enterprises  on  the  northwest  coast  offered  fewer 
chances  of  >uc(  ess.  It  appears  evident  from  this,  that  the  renewal  of  the 
fourth  article  could  hardly  contribute  to  extend,  h;  -i  recitirocally  useful 
manner.  th<'  commercial  relations  between  Russia  and  the  United  States  of 
America  ;  or,  by  consequence,  answer  the  constant  solicitude  of  the  Im- 
perial Governnient.  to  cement  more  and  more,  and  in  a  mutual  interest,  the 
friendh  coiuki  tions  which  it  is  alwavs  happy  to  cultivate  with  the  Govern- 
ment of  the  Union. 

The  undersigned  has  the  honor,  iVc, 

NESSEURODK. 


No.  52. 
J//'.  Dallas  to  Mr.  Forsyth. 

[No.  17.]  Lkcatiox  ok  THI-:  UNirKD  Statk.s, 

St.  Petersburg,  May  13,  1S38. 

Sir: 

On  the  9th  instant,  the  communication  of  which  I  annex  a  co])y,  \va.s  re- 
ceived from  ('ount  Xesselrode.  in  reply  to  my  recjuest,  under  date  of  the  26th 
of  March  last,  to  be  furnished  with  information  as  to  the  measures  adopted, 
or  proi)osed  to  be  adojjted,  by  this  Government.  res[)ecting  the  admission  of 
American  vessels  into  the  Russian  establishments  on  the  nijrthwest  coast. 


95 


lulraiK «.'. 
V  c'lulan- 
Kiissiaii 

Hi;    tlU'Sf 

lis  fraud - 
t  advant- 
cxcliuk'd 
ufL-  tlu;in 

;1  rcnion- 

tlu'  i)rc's- 

lat  tinu', 

K'  fourth 

(K'cisive, 

(lovern- 

<  (lUjiiic's, 

Ivantagcs 

from  the 

!  with  the 

•  the  Im- 
lade  to  it 
eiK  ed  by 
e  United 
le  lon^a'r 
nt  of  the 
in  force, 
;oiirse   of 

0  account 
as  dinii ti- 
red fewer 
al  of  the 
lly  useful 

1  States  of 
f  the  Iiii- 
:erest,  the 
:,'  Govern- 


ODK. 


1S38. 

y,  was  re- 
f  the  26th 
I  adopted, 
nission  of 
coast. 


It  will  Ih'  perceived  that  the  sul»tan(  e  of  Count  Nessclroiii-'s  note  is  dis- 
limt  and  di-l'initivc  :  and  that  the  sin/^K'  and  >.inip'i'  niea.sure  adopted  in  r.'la- 
lion  to  our  vessels,  is  their  alisolute  e.\(  hision  tVoni  what  are  deemed  the 
Russian  possessions.  The  I'liMislud  order  nf  (  Miverum  \\  raugel,  to  which 
liaron  Krudener,  in  iS^q,  c;  lied  \our  attention,  is  (onfn-med  un(|ualifietlly 
in  principle  and  practice;  and  the  <  ahinet  at  Washington  i>  invited  to  rejieat 
the  warning  heretofore  given  by  it  to  the  t  iti/ens  of  the  United  States  not  to 
contravene  that  ))rohihitor\  notii  e,  so  tiiat  the\  inav  avoid  exposing  them- 
selves to  the  consei|uen(  es  of  misunderstanding  or  collision. 

Although  my  re(|uest  for  intormatton  was  e.xjiressly  limited  to  Russian 
establishments,  and  Count  N'esselrode's  leply  to  it  may  not  slrii  tlv  be  ex- 
ttiided  beyond  that  limit.  I  lannot  help  thinking  that  the  pntatorv  and 
pecubar  reference  he  has  made  to  the  expiration  of  the  I'ourth  artii  le  of  tlie 
(onvention  is  meant  as  a  reiteration  of  the  jiosition  a-ssiuned  in  the  case  of 
the  "  I.oriot,"  Cajitaiii  IJlinn,  to  wit :  that  since  Ajiril.  1S34,  our  right  to 
fre(]uent  the  interior  seas,  gulls,  harbors,  and  creeks  north  of  54"  40'  north 
latitude,  whether  actually  occ  ujiied  or  not  has  ceased.  Tiie  ((insistent  bre- 
vitv,  indeed,  with  whieji  the  efte(  t  of  the  ten  vears  limitation  is  uniformlv 
invoked,  .satisfies  me  that  it  is  esteemed  a  •'/^v'/// </'(//'//('/."  in  relation  to  om- 
rights  and  pretensions  on  the  northwest  coast,  too  con(  lusive  to  be  omitted 
or  argued.  My  letter,  in  answer  to  the  tlrst  assmnption  of  that  position, 
dated  the  17th  of  March.  1.S3S,  md  forwarded  to  you  with  despat(  h  No. 
13,  has  not  been  n(>ti(  ed. 


* 


'I*  T*  1*  1*  # 

\'ery  respectfully.  vVc, 

(1.    M.    DALLAS. 


[  Kmi  (isri'i-   IS  Mu     Ii\ii  \.'  Nt).    i'] 

Count  Xcssiirodc  lo  Mr.  f^allas. 

[  I  I1.\NSI..\1I11N    J 

Sr.    1'eti:k.'>iui«..  April  i-^.  i.s^^S. 

Mr.  Dallas,  Ln\ii\  L\iraor(liiiar\  and  Minister  I'lenipotemiary  of  the 
I'nited  States  of  America,  has  been  jileased  in  his  note  of  the  14th  (26th) 
of  Mar(  h,  to  exjiress  a  desire  to  know  what  measures  have  Iieen  ailopted  in 
( ()nse(pien(  e  of  the  expiration  of  the  4th  artic  le  of  the  convention  kA  1.S24, 
respecting  the  admission  of  American  vessels  into  the  harlxirs.  bays,  and 
rivers  of  the  Russian  establishments  on  the  northwest  coast.  This  reipiest  is 
made  on  ac( ount  of  the  intention  on  the  part  of  the  cabinet  al  Washmgton, 
to  adopt  similar  regulations,  and  sue  h  as  may  tend  to  prevent  any  injur}  to 
the  relations  now  so  fortunately  existing  between  the  two  countries. 

'I'h'j  undersigned,  hastening  to  rejily  to  an  overture,  ac  (  cimpanied  by  an 
assurance  so  satisfac  tor\  for  the  Imperial  Government,  makes  it  his  duty 
to  observe  to  Mr.  Dallas,  that,  as  the  4th  article  of  the  convention  of  the 
5th  (17th)  of  April,  1.S24,  has  only  granted  for  ten  years  to  the  vessels  of 
the  two  powers,  or  those  belonging  to  their  (  itizens  or  subjects,  respectively, 
tiie  right  of  frecjuenting  rec  iprocally,  the  interior  seas,  gidfs,  harbors,  and 
creeks  on  the  coast  mentionetl  in  the  3d  article  of  tlie  same  convention,  for 
the  purpose  of  fishing  and  trading   .vith  the  natives  of    the  country:    and 


y6 

as  this  tcnii  often  years  e\|iiie(l  in  the  month  of  April,  1X^4,  the  author! 
ties  ofthr  Russian  istaiihshnients  on  the  said  (oast.  are  recjiiired  to  see  llial 
Anieriv  an  vi'ssels  no  lonf,'er  freiinent  the  interior  seas,  gulfs,  harbors,  and 
<  re>'ks,  situated  north  of  the  latitude  of  54  def^rees  40  niinuti  s  north,  a.> 
Rii>sian  vessi  Is  are.  in  likt'  niainur.  lorliidden  to  visit  placis  of  the  same 
sort  south  of  that  paral!'  1:  and  to  maintain  this  prohihilii>n,  if  is  the  duty  of 
tile  said  authorities  to  adopt  the  uec  essary  measures,  with  tlu'  view  of  kee|iinn 
lip  lelalions  of  hari'iopv   bi'tweeii  the  two  ( lovernments. 

The  (Joveruor  of  the  Ru->i,in  colonies  on  the  nortliwest  coast,  havin;; 
made  upon  this  suliji'ct  a  pul)li(  ation  whi(  h  has  been  sulmiitted  to  thi- 
knowledge  of  the  (lovernmeiil  of  the  I'nited  States,  and  the  iMn|>eror's 
Minister  at  Washington  ha\ing  imnndiately  afterwards  invited  that  (lovern 
meiit  to  make  known  to  tlie  <  ili/ei^s  of  the  I'nited  States  the  new  order  ol' 
Liun,:;s  <  oi'Mijiient  upon  the  expiration  of  the  fourtii  article,  the  undersigned 
Hatters  himself  with  the  belief  that  the  (abiiwt  at  Washington,  in  executing 
its  ariiiouni  ed  resoluiion  to  adopt  on  its  jiart,  similar  iiH'asures,  will  think 
jirojier  likewise  to  repeat  its  warning  to  tlv  1  iti/itis  of  the  I'liitKl  States, 
not  to  ( outrasene  the  prohibition  in  (|iiestion,  and  thus  to  avoid  exposing 
themselves  to  the  eoiisi_i|nen(  is  of  a  mi^uiuli'istanding  or  collision,  which 
the  lm|)erial  (lovernment  would  be  the  lirst  ti-  dejilore. 

( )n  iK  jiait.  the  Imperial  (lovernment  will  not  ceaso  to  rectJinmend  to  its 
authorities  on  the  northwest  coast,  the  necosary  [irecaiitions,  so  that,  while 
niaiiitaiiiing  the  rights  accpiired  by  Russia  at  the  e\i)iration  of  the  fourth 
article,  they  should  not  lose  sight  of  the  res|)eet  due  to  the  bonils  of  amity 
Wiiic  h  unite  the  two  ("lOvernments.  and  which  the  Imi>erial  Cabinet  will 
alwa\s  desire  to  streiigthi'i)  and  render  more  ilose  for  the  mutual  interests  of 
their  re>iiecti\e  citizens  and  subjects. 

'The  iindeisigned  seizes.  iVc., 

NKSSKLRODK. 


N'oPK.  —  It  i>  to  be  observed  that  by  the  coi\veiition  ot  1.S43  between 
Clreat  I'ritain  and  Russia,  the  provisions  of  the  convention  of  1.S25  between 
the -aiiie  poui  rs.  \\lii(li.  >o  far  as  regards  the  rights  of  navigation,  fishing 
ai'.d  fading  wilh  the  natives  on  I'le  northwest  coast  of  America,  is  identical 
with  that  bitween  the  I'nited  States  ancl  Russia  of  1.S24,  were  revived  and 
continued  for  an  indelinile  period.  They  were,  it  is  understood,  still  in 
force  when  Alaska  was  c  eded  to  the  L'nited  States  in  1.S67.  Now,  bv  the 
I'Icveiilh  article  of  the  treaty  of  I)ece''d)er  ^''^,  i8j;2,  between  Russia  and 
ilie  rnit'd  States,  whii  h  is  s'ill  in  tore  e.  the  benefit  of  these  provisions  was 
extend, il  to  the  c  iti/cns  c>f  (he  I'liited  Stales.  That  this  would  be  the  case 
v.as  adii'.itted  by  Count  Nesselrode  in  his  conversation  with  Mr.  Wilkins 
reported  in  th-'  lalt>  r's  Ncj.  16.  of  Dec.  11.  i.S,55  :  .v///i/v?.  p.  75.  And  this 
fact  e\]>lainsthe  entire  absence  of  controversy  on  tiie  subject  between  Russia 
and  the  I'm'ted  States  iVom  1.S45  to   i.SO;. 


anthori 
si'c  lliat 
)ors,  and 
nortli,  a> 
tlu-  sauu' 
ic  duty  of 
f  kci'liiui; 

t.   liavinj; 

(I  to  the 
•',m|RTor'^ 
t  (lovtrii 
y  order  oi 
dcrsigiud 
i'xc(iitiii)4 
will  think 
td  States. 

exposing 
1)11,  which 

lend  to  its 
hat,  while 
the  fourth 
s  of  amity 
binet  will 
ntcrcsts  of 


U)DK. 


3  between 
!5  between 
on,  fishinj; 
s  identii  al 
.'vived  and 
i)(l.  still  in 
iw,  by  the 
Russia  and 
^•isions  was 
le  thi-  ( ase 
Ir.  W ilk  ins 
And  this 
veen  Russia 


PAKT     ITT. 


SEA    OF    OKHOTSK. 

This  sea  is  a  i)art  of  the  waters  to  which  the  ukase  of  182 1 
apphetl,  and  which  Mr.  Foletica.  in  his  subsequent  corre- 
spondence with  Mr.  Adams,  i)rior  to  the  Treaty  of  1824,  said 
Mis  Imperial  Majesty,  the  luiiperor  of  all  the  Russias.  mii,du 
have  claimed  as  a  close  sea  had  he  chosen  to  do  so.  As  has 
been  seen,  all  question  as  to  the  riojht  of  citizens  of  the  United 
States,  as  well  as  of  the  subjects  of  Great  Britain,  to  navii^ate 
and  fish  in  those  waters  was  ,L,nven  up  by  Russia  (Mice  for  all 
in  the  Treaty  of  1824  with  the  United  States,  and  of  1825 
with  Great  liritain. 

The  followinj^  correspondence  between  Russia  and  the 
United  States  in  the  years  1867  and  1S68  contains  an  explicit 
disavowal  by  Russia  of  any  claim  to  interfere  with  the  fishini^ 
operations  of  citizens  of   the  United  States   in   the   Sea  of 

Okhotsk. 

No.  53. 


Mr.  Sci^'ard  to  Mr.  Clay. 

m 

[No.  27 vl  Department  of  Siate. 

WASHiX(;ri'N,  Dc:t-ml<( 

Sir: 

Much  anxiety  has  been  created   in  the  United   States  by 

Captain  Mellen,  master  of  the  ship  Kuroi)a.  a  I'nited  States 

has  written  to  the  owners  of  the  vessel  that  a  party  of  Russi; 

lished  a  fishery  on  the  shore  near  Okhotsk  Cjty,  in  the  Sea  of 

a  Russian  armed  steamer  has  been  there  and  ordered  theshi])s 

the  captain  of  the  steamer  said   he  was  authorized  to  drive 

whalers  away  from  the  place;  and,  finally,  that  the  captain 

has  fired  upon  the  ship's  boat  of  the  bark  Endeavor,  of  New 


/•  2 


■J' 


1S67. 


the  report  that 
whaling  vessel, 
ans  have  estab- 

Okhotsk;  that 

all  away  ;  that 
L'nited  States 

of  the  steamer 

Bedford. 


(,8 

Mr.  Di-  StnK  kl,  til  ulidin  I  lia\c  .iiiplitd.  has  no  iiiformatinii  mi  tlu'  siili 
jrct.     'I'lu'  NialtiiuMts  ri(  livid  at  tliis  Pfpartnuiil  air  altiigi-tluT  vaj,'iii'  and 
witlhiiit  aiitlu'iuii  ation.      I  will  tliaiik  \<iii  to  as(  iTtaiii  tnnn  tl)o  |)riiiic  minis 
III-  lor  luivigi)  al'laiis  what  liniiulatit/n,  if  any,  tlmr  is  Tor  iIk'  staliMniMits,  ami 
what,  |iri(  isc'l\,  arr  the  inslnn  tions  ol"  tlic  im|Kiial  i,'nvLrninciU  apin  rlaiiiiiij; 
to  ihf  lishiTics  ill  till'  Si-a  <•!'  ()kh(itsk. 

I  am,  sir,  \<  ., 

U  1 1, 1. JAM    II.    Si;\\.\Ri). 


No.  54,  • 
Mr.  Clay  fo  Mr.  Scioard. 

[No.    175.]  I.KCAridN    f)l'     IIIK    I'NUKI)   Siaiks, 

Si'.  I'l; I  KKsiU'Kc, /<?////(?/•!'  18,  i.S6(S. 
Sir: 

I  now  transmit  to  yon  a  copy  of  my  note  to  Prince  GorU  hacow  in  rcft-r- 

L'nc  c  to  till'  Okhotsk  affair,  and  also  a  copy  of  his  ri'ply,  throM,L,'h  the  adjunct 

of  the  minister  of  t"orcij.,Mi  affairs  to  His  Imperial  Majesty,  .M.  de  Westmaiin. 

I  am,  sir,  jour  oltedieiit  servant, 

C,  M.  CLAY. 


[  F.Nii.cisiKi:  1   IN  Mii.  I  lAv's  N( 


'7.V 


.\fr.  Clay  to  Piiiii,'  Gorfcliiiioio. 

[N'ni'i    149.]  l.i:i;ArinN  m    imp:  l'\iri:ii  Sr\ri-.s, 

Si.  Pi  ri-.K>m  Ki;.  \^\\i>\\\.  Jiiiiii>ii  \  15,  iSt)S,  .\'.  .V. 

riic  uiulcr>ii;iioil  li:i.-.  ilic  liuiiDrtii  rc'iircscni  to  liis  cxtollcncy  I'riiici'  <  iorU'liacnw,  clian 
cclliii,  L'lc,  til  I  lis  Inipcri.Tl  Majesty,  etc.,  that  lie  is  iii'^iructed  liy  the  \\'asliiiii;toii  ( Joverii 
mem  III  iiitonu  the  imperial  i^overimieiit  that  much  anxiety  has  lieeii  created  in  tlie  liiite  I 
Slater  by  a  leimrt  I'rnm  Captain  Meilen,  of  the  American  wiiahn^  siiip  l'.uiii|ia,  tn  its  owners, 
tiiat  a  pariv  of  i<u>>iaiis  had  estahh^hed  a  ri>hery  near  the  city  of  (  ikliotsk,  in  tiie  sea  of  that 
name,  and  that  a  l\u>--iaii  armed  steamer  had  ordered  liie  siiijis  away  in  the  name  of  tlie  Rus- 
sian ^overmiient,  claimiiiL;  to  lie  m)  aiithoii/ed;  and  that  the  captain  of  said  steamer  had  lireii 
uiion  tlie  boats  of  the  baik  i'.ndeavor,  of  New  liedford. 

Mr.  de  Sloeckl  ha>  been  able  to  L;ive  no  information  upon  the  subject.  I'he  .Secretary  of 
Slate  adds  that  the  statements  received  at  the  I>e])artment  are  altogether  v.it^ue  and  without 
authentication,  and  he  therefore  reijucsts  of  the  un(lersii;ned  to  asce'iain  from  liis  excellency 
Prince  (iortchacow  wh.it  arc  precisely  the  instructions,  if  any,  given  by  the  Russian  govern- 
mcnl  in  regard  to  the  lisheries  in  the  Sea  of  ( )kliotsk. 

The  American  minislcr  has  the  honor,  Ovc, 

C.  M.  CI.AV. 


the  siili 
ii};iu'  and 
no  minis 
flits,  and 
irrtainiiiL; 


ARI). 


99 

[  Rnclohvhb  II  IN  Mh.  Ci.ay'*  Nil.  17$.  1 

iJ//-.  ll'istiiiaiiu  to  Mr.  Chty, 

[   rKAN-4I.AII'>N.  I 

The  chnnccllm  uf  ilic  cnipirc,  wlu>  is  sick,  as  ymi  know,  my  dear  t-cneral,  h;us  cliarjjcd  me 

t(i    answer  your  iiciic  uf  tlir    |'.ili    of  January,    iM-.tHnt.      Ilavin^;  aski-d    [J,  •ii,iHi/i-)    of    the 

iiiini>tcriif  marine  inl'iprniaiinn  u|hiii  ilic  allair  named  in    yunr  nciie,    \dniiral    Kraliln;  has  just 

informed  us  that  the  minister  of  niarin>-  lia--  noi,  up  to  the  present   mne,  any  knowleii^je  of 

the  contliet  [ri'ii/H/)  which  lias  taken  place  In  the  Sea  of  1  >khotsk   lietween  tlie    Russian  and 

American  siiips. 

Accept,  v\c., 


WKSr.MANN. 


Jan.akv  5,  I  SOS. 


N 


(). 


DO- 


1 S68. 

\\  in  rcft'r- 
le  adjiinit 
^t'stinann. 

:lay. 


I'KS, 

m,  X.  s. 

Iiacow,  ehan 
it;t<>n  (lovern- 
in  ilie  L'nite  1 
to  its  owners, 
le  sea  of  that 
le  of  the  Kus- 
mer  liad  tired 

o  Secretary  of 
e  and  without 
his  excellency 
iissian  yovern- 


\\.  CI.AV, 


Mr.  Scii'tU'd  to  Mr.  CliJV. 


[No.  27.S.] 


UKl'AklMI  \  1    ()!■    STAIE, 

WanH'NiMON,  Fihrii.iry  24,  i  Sfi.S. 


Sik: 


1  iT(  iir  on  tliis  occasion  to  m\  (K'spatcli  No.  z-]},,  whiiii  related  to  allcj^'cd 
iiostile  demonstrations  (f  a  Russian  arnu'd  wssi-1  against  a  United  States 
whaling  vessel  in  tlie  Sea  of  Okiiotsk.  'I'hat  communication  was  grounded 
upon  mere  rumor,  which  furnished  no  details  and  was  supijorted  li\  no  evi- 
dence. Prince  (iortchacow.  in  his  reply,  answered  siil>^tantially  that  the 
Russian  Ciovernment  had  no  information  of  the  alleged  ((inllict.  .ind  had 
given  I'll  orders  or  ilirections  undi'r  whi(  h  an\  hostile  ilemonstratioiis  t  oiild 
have  been  made. 

At  last  I  have  received  details,  whic  h.  howevfr.  are  ver\-  limited,  and 
testimony  which  is  very  incomiilete.  'I'his  sul)se(|uent  inhtrmation  is  < on- 
tained  in  a  dispatch  of  Morgan  1,.  Smith.  I'.sip.  I'nited  States  (  onsiil  at 
Honolulu,  which  is  ai  (ompanicd  |.y  a  deposition  made  hy  Manuel  Knos. 
master  of  the  \meri(  an  hark  J.iva."-  In  Iiriif,  Mr.  Enos'  statement  p' isents 
the  following  facts,  namely:  that  on  the  27th  ^A  July,  while  he  was  cruising 
for  whales  in  Shantar  Ha\,  and  standing  towards  Silas  Ric  hard's  bluff,  a  Rus- 
sian armed  vessel  (  ame  towards  him,  a]>parentl\  luuler  full  steam,  hoisted 
its  flag,  and  threw  open  its  ports.  An  officer  from  that  Russian  ves.sel  went 
on  hoard  of  the  Java  and  t)rilered  Captain  Enos  immediately  011  board  the 
Russian  steamer.  The  Russian  commaiuler  demanded  to  know  the  business 
(^{  the  I'nited  States  vessel  there.  Captain  Imios  answered  that  his  business 
was  whaling,  whereupon  the  Russian  commander  ordered  Cajdain  Enos  to 
leave  the  bay  within  24  hours,  under  a  threat  of  taking  Captain  Enos  with 
his  vessel  to  Xicolawasky,  or  Idowing  him  out  of  the  water,  as  the  Russian 
captain  should  think  inoper.  Ca])tain  Enos  replied  that  he  had  whaled  in 
those   bays  for  the  last  17  years,  and  had  never  heard  of  any  one  being 

*  For  these  papers  see  Dip.  Corr.,  i863,  (i.  468. 


TOO 

,,,.i^.^.„  ,„.  .,,  ,„•  ,,,    p„,,,os.   of  .x.lu.l.M,   whaUTs.      Capta.n  Kn..s  ihcv- 
„,,,    ,,„noliatdv   kfi   Sknuar    Hay.     Captain    Knos   lurthrr  sav.   that    he 
a'tonvanls  Icavnol  tV,.,n  so,n.  of  llu-  .  >vw  of  the  A.n.ruan  hark  iMulcavu:-. 
ti,ai  tlHV.  knuwinu  .lolhin.^  of  the  tnml.lc.  went  int<.  the  same  ,.lac  o,  shanlar 
Ihv   a  f.'u  ckivs  alurvvanls.  and  that  their  l.cats  were  fiml  int..  by  tlje  sanu- 
vessel  iK-loro  mentioned,  an.l   that  they  were  .-onimanded   tu  leave  the    .ays 
l,v  threats  to  the  sann-  elTeet  with   those  whieh   had   been   ma.l.'  a,^a,nst      ap 
,,„  i,-„„s      The   eonsul   iransnutlin^-   this  statement   says  that   he  nas  been 
,;„,,,,,  i„  „,o.  ure  the  nan.e  of  either  the  Russian  vessel  or  her  .-ommander ; 
Uui  he  is  nUorn.e,l   bv   the   .naster  of  the   Iln.lish  bark  C-..l.an,,  that  some 
l.-inns,    .ubje,ts   of    the   (V.ar,  have  a   whaling   station    there,    keeping   two 
.huoners  in  the  bav.  an.l   having   their  trying  works  on  shore.      I(   we  were 
a,  lilK.r.vt<.assunethesc.s,.erial    staten,ents   to   be  true,  and  , I   we  were  no 
assured    bv    the    Russian   govennnent    that    the    iransa.  tions   eouM-Uuned   ol 


1  not   only   without   its  knowled 


oeeurrec 


should  in  that  <  asi 


l.u 


t  without  anv  authority,   we 


have  reason  for  [.rofound  ((.ncern. 


As    the    matter  stand 


with   the   iH.ssi 


bilitv    that    simi 


lar  armed  hostile 


demonstrations  m 


a\  be  made  on  the  same  (pia 


hend    that   di.s(()ntent   will   arise 
citizens  of  the  I'nited  States  aiu 


rter.  there  is  reason  to  appre 

betweei 
)khotsk 


ami   i.erhaj.s  <  (.ntliet  may  occur 
1  the  subjects  of  Russia  in  the  Sea  of  ( 


n 


Nothing   could 


I'lore   iiK  iiiuenie 


moment,  as  I  am  we 


assured  nothing  < 


•nt   than   su<h   difficulties  at  the  present 

ated 


■ould   be   more  sine  erely  deprei 


by  the  Russian  government. 


Voii  will  give  a  copy  ot  this  < 


■ommi 


niication  to  Prince  (iortchacow 


of  its  accomj.animei 


ts.' Consul  Smith's  despatch  and  Captain  lOnos'  dej 


and 
lei.osi- 


1   invite  Prince  Gortt  liacow  to  give 


tion.  am 

reasonable  (  onveiiieiice. 


I  am,  sir.  iV:< 


his  attention  to  the  same  at  his 


WILLIAM   H.   SEWARD. 


No.  56. 
Mr.  Clav  to  Mr.  ScMird. 


[No.   tS^v] 
Sir 


Lixi.vnoN  (.i-  •nil'.  LiNirFi)  Siati's, 

Sr.  I'r.rKiom  Rc;,  J/<?r(//  20.  1868. 


ro-dav  I  re.  eived  from  Prince  C.ortchacow  a  note  of  this  date,  in  refer- 
cn.e  t..  the  affairs  of  the  Java,  in  the  Sea  of  Okhotsk.  I  en<  lose  you  a 
translation  of  the  same  from  the  French. 

I  am,  sir,  ivc, 

C.   M.   CLAY. 


lOI 


los  tlu'Vl' 
;    ihal    lie 
julcavo". 
',  Shanlar 

tlu'  sauu' 
■  ihr  hays 
linst  Cap 

has  lici'ii 
nniander ; 
ttiat  some 
'ping  two 
("  wc  were 
.'  were  not 

)]aineil    ol 
lurily,   we 

ed  liostile 
\  to  apprc- 
ir  between 
f  Okliotsk. 
lie  present 
[lepreeated 

lacow,  and 
os'  dei)osi- 
same  at  his 


VARL). 


o.  1868. 

ite,  in  refer- 
kIosc  you  a 


(LAY. 


[  En' I  <isi  1(1-    IN    Mi..    (  i.w's    N'.i.    i"*!.  1 
t 

Prince   CiortilhUini<  to  u\fr.  Clay. 

[    ri(\NSl..\llllN.  I 

I!y  liis  note- of  Marcii  4-16  instant,  Mr.  (lay,  envoy  extraordinary  and  niiiii>lir  i)lorii]M. 
icntiarv  of  tlic  I  iiited  .Stales  of  .\nierica,  has  Iran-niilled  to  tlie  imperial  inini-lry  a  copy  <>f  a 
(li>l)atili  from  Mr.  Seward.  acconii)anii'd  will)  documenls  relali\e  to  tiie  conijilaint  of  Senor 
Knos,  captain  of  an  .Vniericaii  whaler,  upon  the  -ulijert  of  measures  nf  rii^'or  {",/,•  m  'istifts 
,lf  ni^riir")  of  which  In-  iiad  l>cen  the  ol.jecl  on  the  part  of  a  vessel  of  llu-  imperial  m.irinc 
in  the  waters  of  the  Sea  of  (  >khotsk.  In  resiKinse  ti>  liiat  c<innnnni(;alion,  the  undersi^iicd^ 
chancellor  of  the  empire,  h.-o  the  honor  lo  inform  Mr.  '  lay  that  the  imperial  ministry  h.as  n  n 
received,  uji  to  this  lime,  the  infurmalion  which,  from  the  rcd-plion  of  liis  ImsI  note  of  the  l.Sll 
of  laniiary,  it  liaslened  to  demand  of  the  c  impelmt  aulliorilies  rel;  live  lo  that  altaiv. 

As  scMjn  as  the  re|Hirls  of  these  authorities   sh.iU    re.icli  him,  the  undersigned  will  lose  no 
time  (i'<v///;vwjv-</)  in  comimmicatini;  ihcm  to  Mr.  day. 

lie  seizes,  \c., 

tiOKTtll.\C(>\V. 

Sr.  l'i.ri.Ksi;i"Ki;,  Miinh  S,  iSOS. 


No.  57. 

Mr.  Clav  to  Mr.  Sruurn/. 

[No.  199.]  LK(;.\riuN  ot    ihe  U.niiid  SrAn>, 

Sr.   I'lviKRsiuRi;,  .-lui;/,.^/  14,  1S6S. 

Sir: 

I  lierein  inclose  yon  a  translation  of  the  .loli'.  from  the  Frem  h.  o!  Mr. 
de  Westmann,  aainLr  minister  of  foreign  affairs,  etc.,  and  a  copy  of  my 
response,  in  reference  to  the  affair  in  the  Sea  of  Okhotsk. 

I  am  sir.  \c., 

C.    M.   (l.-W. 


[Encloschk  1  IN  Mn.  t  i-.^v's  N".  199.] 
j]fr.    IVrsfiiitvni  to  Mr.   C/<iv. 

{    I'hANSI.AI  ION.  J 

The  undersigned,  acting  mini.ster  of  foreign  affairs,  in  rcfcrrinK  to  the  note  wliich  f.eneral 
Clay  envoy  eMr.aordinarv  and  mini.ster  plenipotentiary  of  the  Inited  .Suites  of  .\menc.i,  was 
(leased  to  a.l.lres-  to  the  ch.mceilor  of  the  empire,  dated  th-'  4-'<»l>  "''  .March  ultimo,  has 
u,e  honor  to  inform  him  that  he  has  been  put  in  possession  of  advices  which,  accordm-  lo  the 
desire  of  the  federal  government,  the  imperial  cabinet  hasiene.l  10  a>k  of  ihe  minister  of 
rnanne  concerning  iheinculent  .xcurring  in  the  Sea  of  ( )kholsk,  between  an  .\merican  vhaler 
a-ul  a  ship  of  the  imperial  navy.  These  are  the  circumstances:  The  schooner  .\leout,  un.ler 
Ihe  CO  imand  of  Lieutenant  I-toline,  had  been  sent  in  commission  from  Nikolaievsk  to  <  Unlik. 
The  abund.ince  of  lloatin,;  ice  having  forced  him  to  enter  into  the  gulf  of  Tougoursh,  he 
there  met  the  14th  of  lulv,  at  alxmt  20  miles  to  the  south  of  the  straits  of  C  haularsk,  near  the 
eastern  coast,  the  .\mcVicaii  whaler  Java,  occupied  in  rendering  the  oil  of  a  captured  whale. 
Considering  that  foreign  whalers  are  forlmlden  by  the  laws  in  force  to  lish  in  the  kussian 
gulfs  and  bays  .it  a  di>t.ince  less  than  three  miles  Iroin  the  shore,  where  the  r,^ht  of  hshing  is 


I02 


exclusively  reserved  to  Russian  subjects,  Lieutenant  Etoline  'rarncd  (imifa)  the  captain  of 
the  Java  to  "  liear  ofT"  fnmi  the  i;ulf  of  'I'dii^oursh,  wliicli  he  at  once  di<l.  The  same  day, 
the  Aleuut  made  for  the  bay  ol  Ma\vj;on,  whure  arrived,  on  llie  next  <lay,  the  American  whale 
schooner  Caroline  Foot,  svho>c  captain,  accom])anied  iiy  the  captain  of  the  Java,  called  on 
Lieutenant  I'.tolinc.  and  ck-cLired  that  he  had  no  ri^ht  to  [invent  them  from  fishing  for  whales 
wherever  liiey  lii<L'(l.  lieutenant  Ktohne  rejilietl  tliat  there  were  in  that  respect  established 
rules  (;<y/ij),  and  if  tluy  insisted,  absolutely,  upon  breaking  them,  that  he  would  be  com- 
])elled  to  prevent  tliiiii.  The  captain  of  the  schooner  Caroline  Fool  pretendint;  {<jyant  f'l;-- 
/ciidi<)  \\\M.  he  had  entered  into  the  bay  of  Tougoursh  in  conse(|uence  of  '•  deviations  from 
his  Course,"  Lieutenant  Ltoline  offered,  at  once,  all  assistance  in  his])ower:  and,  ujxin  reijuest, 
delivered  him  >even  [xxids  of  biscuit  from  the  stores  of  llie  Aleout.  After  which  the  two 
ships  again  went  to  >ea.  The  lyih  ol  July,  that  is,  four  days  afterwards,  the  schoonei  Aleout 
met  a  whale,  ujion  which  the  coVnmander  caused  a  trial  lire  to  be  made.  At  the  same  moment 
was  seen,  at  about  16  mile.>' distance,  a  sad,  name  unknown,  and  nearer,  three  ■•chaloupes,"' 
the  nearest  of  which  was  at  least  three  miles  in  advance  in  the  direction  of  the  cannon  tire. 
In  the  evening  all  these  shii)s  had  disai)peared.  That  incident  is  registered  in  the  Ixxiks  of 
the  .\leout  in  the  following  terms:  "The  19th  of  July,  at  nine  in  the  evening,  at  anchor  in 
the  bay  of  Mawgons,  fired  a  cannon  shot  for  jiraclice  at  a  whale  alloat."  From  these  facts 
tieneral  Clay  will  be  convinced  that  the  incident  alluded  to  has  been  exaggerated,  and  even 
perverted,  {Jc  iid/iin,)  much  in  order  to  be  represented  as  a  cause  of  grievance  against  the 
commander  of  the  Aleout  on  the  part  of  the  American  whalers.  In  conseipience  of  the  con- 
versation which  had  occurred  between  tr.'-m,  of  the  |)retensions  of  the  captain  of  the  Java  to 
fish  wherever  he  pleased,  and  die  necessity  ii>  which  Lieutenant  Ktoline  was  placed  to  remind 
him  of  the  laws  which  related  to  the  right  of  fishing  in  the  territorial  waters  of  a  foreign 
state,  it  is  possible  that  the  commander  of  the  Java  had  re'ally  taken  for  a  menace  directed 
against  liim  the  fire  of  the  experimental  shot  from  the  .Meout.  llul  it  js  incontestable  that  the 
comniaiuler  of  the  . Meout  was  acting  in  his  right  when  he  reminded  the  American.-)  of  the 
laws  in  \igor,  and  his  obligations  to  cau.~e  them  to  respect  them.  lie  certainly  has  not 
transcended  die  limits  o*"  his  rights  in  firing,  four  days  afterwards,  a  trial  >hot  U[)on  a  tloating 
whale  in  Russian  waters. 

lie  hail  no  intention  by  that  of  giving  the  American  whalers  a  warning,  {az'c.>tissemenl,) 
useless  iiecau-e  llicy  were  out  of  dilliculty,  and  since  liie  distance  which  separated  the  Aleout 
from  the  shi])-  and  the  "chaloUjies  "'  in  vien"  at  the  time  excluded  all  .-.uch  inlentions.  Lieu- 
tenant luoline  had  taken  in  their  behalf  proceedings  conlormable  to  the  good  relations 
between  the  two  counlrie.-,  .'■ince  he  had  ofl'ered  them  liis  assistance  in  repairing  their  devia- 
tions from  their  course,  ami  in  providing  them  with  provisions.  Finally,  the  commandi-r  of 
the  -Meout  has  not  thought  it  necessary  to  inform  the  authorities  of  that  incident,  because  it 
a()]ieared  to  him  of  no  importance,  [iiisii^nificant.)  and  because  on  his  part  he  was  con.^cious 
of  not  having  transcended  his  rights,  nor  of  having  been  wanting  in  his  duty. 

The  undersigned  flatters  himself  with  the  hojie  that  the  federal   government,  informed   of 
these  details,  will  consider  the  affair  as  settled,  (/'///i/'i/iv//  lODuiie  :  idc). 
lie  seizes  at  the  same  time  this  occasion  to  renew,  \c., 

WKST.MANN. 

St.  I'iTi:Ksi;rKi;,y;^V  31,  1S6S. 


[  I'.NCLnsURE  2  IN  Mh.  Ci.AV's  No.  iqj.  ] 

Mr.  Clay  to  Mr.   \\'i\<tnui)t!i. 

Li:c..\ii()N  ol'  niK  LMrKu  Si.vtK.s, 

Sr.  I'KiKKsia  kc;,  .linens/  2-14,  1868. 
The  undersigned  has  the  honor  to  acknowledge  the  receipt  of  note  \o.  2530  of  his  excel- 
lency, .M.  de  Westmann,  aeiing  minister  of  foreign   affairs,  iVc,  dated  July   31,  ultimo,  1868, 
().  S.,  in  reference  to  the  affair  in  the  Sea  of  (  )khotsk,  which  he  will  hasten   to  lay  before  his 
government. 


captain  of 

>aiiie  day, 

an  whale 

called  on 

for  whales 

L-^tablished 

il  lie  com 

J///  ^r,-- 

itions  from 

n  recjuest, 

til  the  two 

iHi  Aleoul 

le  moment 

laloupcs,  " 

annon  fire. 

c  l>o<iks  of 

anchor  in 

these  facts 

1,  aiul  even 

against  the 

of  the  con- 

the  Java  to 

1  to  remind 

f  a  foreii^n 

KC  ilirecied 

Me  that  the 

cans  I  if  the- 

inly  has  not 

in  a  lloatin}; 

rlissement,) 
the  Aleout 
nns.  I.icu- 
m1  relations 
their  (icvia- 
imandcr  of 
i,  liecause  it 
is  Conscious 

nformed   of 


^lANN. 


\,  1868. 
f  his  excel- 
timo.  1 868, 
i  Itefore  his 


103 

Whilst  the  United  States  are  justly  jealous  of  all  their  maritiint'  rights,  the  .\merican  min- 
ister iteiieves  that  hi>  goveriinunt,  having  had  many  signal  proofs  i.l  the  Iriciully  sciuiuienls 
of  His  Imperial  Majesty's  navy,  will  be  slow  to  believe  that  they  or  any  jjortion  of  His  Impe- 
rial Majesty's  subjects  will  (Ksignedly  invade  them. 

'I'hi,'  minister  of  the  United  Mates  l)egs,  \c„ 

C'  M.  UI,.\V. 


No.  58. 
Mr.  Si'h'(V(/  /(>  Mr.  Clav, 
[No.  295.]  Deparimkm   ok  Siatf,, 

\\  A.SHlNi.ToN,    All'^tlSt  31,    1S6S. 

Sir: 

I  have  the  honor  to  at  knowledge  the  receipt  of  your  <les|iat<  h  of  llie  i  4th 
of  August,  No.  199,  which  is  ai  t oiiipaiiietl  by  a  note  wliich  was  addressed 
to  yon  on  the  31st  of  July  last,  \)S  M.  de  Wcslinanii.  at  ting  minister  y^i  for- 
eign affairs,  and  whit  ii  t  untains  liie  long-looked  tor  explanation  of  the 
collision  whit  h  occurred  in  the  Sea  of  Okhtnsk  hetween  the  coninuindant  of 
a  Russian  ship  of  war  and  two  United  States  whaling  ve.ssels,  and  which  was 
made  a  subject  of  intjuiry  1)\  this  government.  In  st;l)stance  the  explana- 
tion is,  that  Lieutenant  !'-toline,  (  onnnanding  the  Russian  war  st  hooner 
Aleoiit,  on  the  14th  of  July,  1S67,  was  entering  the  gulf  of  Toii^oiirsh,  and 
wasaljt)Ut  20  miles  to  the  ntirth  of  the  straits  of  Chaiitarsk,  near  tlie  eastern 
coast,  when  he  discovered  the  United  States  whaling  ship  Java  occupied 
there  in  rendering  the  oil  of  a  captured  whale.  The  lieutenant  had  no 
special  orders  or  instructions  or  <  harge  from  his  government  ctmcerning 
the.se  United  States  whalers,  or  indeetl  any  whalers,  in  Russian  waters  far 
from  or  near  the  coast  of  Russia.  Moved,  howe\er,  hv  the  t onsideration 
that  Russia  enjoys  the  luideiiiahle  right  of  admiralty  in  all  waters  lying 
within  three  miles  tif  her  territory.  Lieutenant  I'^toline  warnetl  the  t  ajitain 
of  the  Java  to  hear  off  from  the  gulf  of  'I'oiigtjursh.  The  captain  of  the 
Java  inunediately  moved  away,  in  prompt  <  ompliaut  e  with  this  warning. 
On  the  next  tlav  the  Aleout  was  in  tlie  liay  of  Mawgon.  'I'he  captain  of  the 
United  States  whaling  schooner  Uartiline  Foot  accom]janied  the  captain  of 
the  Java,  who  called  upon  Lieutenant  LtoWne.  Then  Lieutenant  Ltoline 
repre.sents  that  the  cajitain  of  the  Java  on  that  occasion  remarked  that  Lieu- 
tenant I'^toline  had  no  right  ttj  prevent  their  fishing  for  whales  wherever  they 
liked.  In  reply  to  this  general  a.s.sertion  Lieutenant  l']lt)line  said  that  there 
are  regulations,  and  that  if  the  lajjtains  of  the  whalers  should  insist  on 
breaking  those  r^'gulations  he  wtiuld  be  obliged  to  prevent  them.  Here  the 
conversation  ended.  Thus  far  nothing  was  done  by  either  of  the  c  aptains 
of  the  whaling  vessels  which  could  l)e  considered  as  an  invasion  or  violation 
of  Russian  jinisdiction.  The  conversation  was  a  desultory  one,  having  ntj 
practical  bearing  uptjn  any  jiroceeding  ever  before  or  after  attempted,  or 
even  ctjntemiilated,  by  either  party. 


The  parties,  indeed,  have  nnitually  expressed  themselves  with  some  indis- 
cretion.     Lieutenant   Etoline  does  not  allege  that  the  whaling  ship  Java  was 
within  three  miles  of  the  shore   when   he  warned   her  to  bear  off.     On  the 
other  hand,  the  captain  of  the  Java  spoke  unwarrantably  when  by  implica- 
tion he  denied  that  the  Russian  authorities  have  a  right  to  prevent  foreign 
vessels  from  fishing  for  whales  within  three  marine  niiles  of  their  own  shore. 
Lieutenant  Etoline  then  offered  assistance  and  furnished  ])rovision  to  the 
schooner  Caroline  Foot,  which  vessel  was  then  in  distress;  this  proceeding 
was  commendable,  and  it  is  appreciated   by  this  government.      Here  this 
merely  accitkiilal  intercourse  between  the  commanders  of  the  Aleout  and  ot 
the  United  States  whalers  Java  and  Caroline  Foot  pra(  tically  ended,  and 
certainly  without  having  offered  any  serious  ground  of  complaint  to  the  gov- 
ernment of  either  party  against  the  other.     The  transaction,  nevertheless, 
had  a  scciuel,  and  this  seiiuel  resulted  in  a  misunderstanding  on  the  part  of 
the  captains  of  the  whalers.     Four  days  after  the  vessels  had  parted  in  the 
bay  of  Mawgon,  the  Aleout  met  a  whale  afloat.     The  commander  ordered  a 
cannon  to  be  fired  at  the  whale  by  way  of  a  trial  shot.     At  the  same  moment 
there   ai)peared,   at  about    i6   miles'  distance,  a  sail,    name  unknown,  and 
nearer,  three  chaloupes,  the  nearest  of  which  was  more  than  three  miles  dis- 
tant from  tlie  Aleout,  but  all    in    the  direction  of  the  cannon  shot.     In  the 
evening  all  of  these  vessels  had  disap])eared.     It  is  to  be  presumed  that  the 
Java  was  one  of  those  vessels.      The  captain  of  the  Java,  hearing  the  rejKjrt 
of  this  trial  fire  of  the  Aleout,  seemed  to  have  referred  it  to  the  conversation 
he  had  had  lour  da\  ^  bef-e  with  Lieutenant   Etoline,  and  so  he  has,  not 
unnaturally,  represented  the  transaction  to  this  government  as  one  in  which 
the  Ru^•^ian  c^fticer  had  fired  upon  his  whaling  vessel  with  an   intention  to 
drive  him  from  the  Sea  of  Okhotsk. 

Lieutenant  Etoline  disavows  and  denies  the  construction  thus  put  upon 
his  proceeding  in  the  transaction,  an''  the  denial  is  rendered  entirely  credi- 
ble by  the  fac  t  that  he  set  down  only  the  fact  of  his  firing  at  the  whale  in 
his  log-book,  and  of  the  vessels  seen  in  the  distance;  nor  did  he  think  his 
proceeding  of  such  importance  or  interest  a.s  to  rejjort  it  to  his  government, 
and  he  was  surjjrised  when  informed  of  the  construction  which  the  captain 
of  the  Java  had  put  upon  it. 

In  any  ( luse,  the  disavowal  by  the  Russian  government  of  any  hostile  or 
uufriendlv  direction,  instruction,  or  sanction  of  any  proceeding  or  intention 
unfriendly  to  the  LInited  States,  is  liuite  abundant  for  the  satisfaction  of  this 
government. 

You  will  give  a  copy  of  this  communication  to  Mr.  de  Westmann. 

I  am,  sir,  tvc, 

WILLIAM  H.  SEWARD. 


ne  indis- 
Java  was 
"  On  the 

implica- 
t  foreign 
,'n  shore. 
in  to  the 
nceeding 
^ere  thi.s 
.It  and  of 
ded,  and 

the  gov- 
jrtheless, 
le  part  of 
ed  in  the 
)rdered  a 

moment 
3wn,  and 
niles  dis- 
.     In  the 

that  the 
he  rejKjrt 
versation 

lias,  not 

in  which 
ention  to 

put  npon 
ely  credi- 
:  whale  in 
think  his 
ernment, 
le  captain 

hostile  or 
intention 
on  of  this 

nn. 
ARD. 


PAUX  IV. 

The  following  correspondence  has  recently  taken  place  in 
relation  to  that  part  of  the  Pacific  Ocean,  adjacent  to  tlie  Rtis- 
sian  possessions. 

No.  59. 
Mr.  Frelinghnyscn  to  Mr.  Hoffman. 


DeI'ARTMENT  oi    Statk, 

\Vashin(;t()X,  March  7,  1882. 


[No.  120.] 

Sir: 

I  inclose  copies  of  letters  from  tlie  Treasury,  and  a  coiiy  of  a  letter  from 
Messrs.  Lynde  X:  Hough,  of  San  Francisco,  to  the  Secretary  of  the  Treasury, 
touching  the  Pacific  coast  fisheries.  This  latter  communication  states  that 
according  to  late  news  "foreign  vessels  must  receive  an  order  from  the  gov- 
ernor of  Siberia,  besides  paying  duties  of  ;ftio  per  ton  on  all  fish,  (aught  in 
Russian  waters,"  which  they  say  would  be  ruinous  to  their  business.  In  view 
of  the  above,  I  have  to  ask  that  you  will  make  immediate  in(|uiry  on  this  sub- 
ject, and  report  the  facts.  If  a  brief  telegram  will  furnish  information  of 
value  to  our  fishermen  in  this  regard,  you  can  send  one. 
I  am,  &:c., 

FRED'K  T.   FRELINGHUVSEN. 

[  Enclosi.kh  I   IN  Ni).   120  ] 

Mr.   Fo/ger  to  Mr.   Frriinghiiysiii. 

TRb-ASUKV    Dia'ARlMKNT, 

/•'iliruary  2,  iSSj. 

Sir: 

I  have  the  honor  to  acknowledi^'o  the  receipt  (f  yniir  loner  of  the  3(1  ultimo,  transmiUini,'  u 
copy  of  a  dispatch  of  the  2i.st  of  November  last  from  the  minister  of  the  I  iiited  States  at  'lokei, 
Japan,  with  its  inclosure,  relative  to  the  notice  gi\eu  by  tlie  Russian  consul  at  W.kohama  in 
reference  to  the  licensing  of  foreign  vessels  tradlnt,',  hunlin-,  or  lishint;  on  the  Asiatic  coast  of 

Russia. 

I  have  to  inform  you  that  this  department  has  issued  circular  instructions  to  collectors  ol 
customs'  and  others,  at  every  port  thr»>UKhoul  the  country,  to  which  the  Kussian  consul's  notice 
is  subjoined,  dated  January  30,  1S82,  and  I  inclose  herewith  six  copies  of  the  circular. 

\'ery  respectfully, 

CIIAS    J.   I'tU.CKR. 


io6 


[  t"ll«  l'I.AK     ) 

l\-rmit  rn/nin;/  for  /iiinfin-,  tnuiini;,  <iti,/  /is/iiit-   .'ii   A'msiaii  axuts  of  llw   Ok/ioLd- mid 

/ii/iiiii^'  Sttis. 

'I'KKA.M  KV    DKI'AKIMKM,   Ohl-KI';    ol-    TIIK    SlXUr.rAKY, 

\\  xsiiiMnii.N,  1>.  C,  J,!in/ii/r  JO,  /SSj. 

'i'n   CoI.l.l-CTdRS   nv    (.'ISTOMS    AMI   OTIIKKS : 

The  <iil'iiiiiie(l  lu.licc  l>y  the  Russian  consul  at  Nokohama,  that  American  vessels  are  not 
allowed,  without  a  sjiecial  permit  or  license  from  the  (;overnor-<;encral  of  lOastern  Siberia,  "to 
carry  on  liiuiiinL;,  Iradinj^,  tishin.L;,  .Vc,  on  the  Russian  coasts,  or  islands  in  the  (  tkhotsk  or 
ilclnin^'  Seas,  or  on  the  northeastern  coast  of  Asia,  or  withni  the  sea  Injundary  line,"  is  pub- 
lished by  the  dei)artnienl  for  the  information  of  American  shipmasters  interested. 

It  will  lie  observed  that  the  Russian  order  took  effect  on  January  I,  1882. 

ciiAs.  J.  1()L(;i:r, 

Sitretary. 

NOTICK. 

At  the  reiiucst  of  the  local  authorities  of  r.ehrinjl'  and  other  islands,  the  undersigned  hereby 
notifies  that  the  Russian  Imperial  ( iovernment  publishes,  for  t;cncral  knowledge,  the  follow- 
ing: 

1.  W  iihout  a  sjiecial  permit  or  license  from  the  governor-general  of  Kastern  Siberia,  foreign 
vessels  arc  not  allowed  to  carry  on  trading,  hunting,  tishing,  \c.,  on  the  Russian  coast  or 
islands  in  the  (  ikhotsk  and  I'.chring  Seas,  or  on  the  northeastern  coast  of  Asia,  or  within  their 

sea-boundaiy  line. 

li.   For  such  permits  or  licenses,  foreign  vessels  should  apply  to  Vladivostok,  exclusively. 

HI.  In  the  jMirt  of  I'ctropaulovsk,  though  being  the  only  port  of  entry  in  Kamt.schatka, 
such  ixrmits  or  licenses  shall  not  be  issued. 

I\'.  No  permits  or  licenses  whatever  shall  be  issued  for  hunting,  fishing,  or  trading  at  or 
on  the  (imiiiunlorr  and  Roblicn  Islands. 

\'.  hireign  vessels  found  trading,  fishing,  hunting,  \c.,  in  Russian  waters,  without  a  license 
or  permit  from  the  governor  general,  and  also  those  possessing  a  license  or  permit  who  may 
infringe  the  existing  by-laws  on  hunting,  shall  be  confiscated,  both  vessels  and  cargoes,  for  the 
benelil  of  the  government.      Tiiis  enactment  .shall  be  enforced  henceforth,  commencing  with 

A.  I).  18S2. 

\  I.  1  he  enforcement  of  the  above  will  be  iiuru.sted  to  Russian  men-of-war,  and  also  to 
Russian  merchant-vessels,  wliich,  for  that  purpose,  will  carry  military  detachments  and  be  pro- 
vided with  proper  instructions.  _      i-  .x, 

A.  rEl.IKAN, 

//.   /.  A'.  J\I.  Consul. 
V('Kiiii.\.M,\,  .A't'jV'//',;-  /j,   jSSi. 


I  l'',N(  i.iisinii;  2  IN  No.   120.  J 

J\fr.  Fii/gcr  to  Afr.  J'n-Iiiii^/iiiyscii. 

Trkasurv  Ui:i'artmf.nt, 

Fchnuuy  24,  1882. 

Sir: 

I  have  ihc  honor  to  enclo'^e  herewith,  for  such  action  in  the  case  as  you  may  deem  proper, 
a  letter  from  Messrs.  Lynde  .V  1 1,  .ugh,  of  San  Francisco,  Cal.,  stating  that  they  are  extensively 
engagc<l  in  the  I'acilic  coast  cod  lisheries,  aiul  that  they  will  fit  out  their  vessels,  to  sail  about 
the  1st  of  .May  ncM,  in  that  enterprise,  in  which  they  have  never  been  molested;  but  they  now 
learn  that  foreign  vessels  must  receive  an  order  from  the  governor  of  Siberia,  besides  pay  a 
duty  of  Sio  per  ton  on  all  fish  caught  in  Russian  \vaters,*which,  if  sustained,  will  be  ruinous. 

Very  respectfully, 

CIIAS.  J.  FOUiER, 

Secretary, 


[EnCLOSI'KI-    3    IS    Nil.    I20.  ] 

A/i'ssrs.  Lxihic  ^  H('U\:;lt  to  Mr.  Iuil\:,cr. 


San   I''r.\N(Is(  m,  lu-hnmrv  15,  1882. 


sir: 


Vou  will  please  ])ar(l(iii  us  for  this  si  einiiis;  intrusion,  hut  the  maiter  we  nuw  seek  your  aiil 
and  kind  assistance  is  of  ^;reat  import  to  us. 

We  now  are  and  have  been  extensively  en<;af;c(l  in  the  Pacific  coast  cod  fisheries,  and,  in 
fact,  are  amonj;  the  very  few  fifteen  years  ai;o  who  started  in  a  small  way,  helievinj^  with 
energy  and  fair  dealing  we  could  work  uji  an  enter])rise  tliat  would  he  a  henetit  to  the  coast. 
Our  ideas  were  correct.  NVe  have  ineii  yearly  sending  vessels  to  the  coast  of  Kamtschatka 
(Sea  of  Okhotsk)  for  fi.sh.  We  never  have  heen  molested  in  Russian  waters  from  catching 
codfish  or  procuring  bail,  which  are  small  salmon  in  the  rivers,  or  tilling  fresh  water  for  use 
of  ship,  hut  it  ai)[)ears  now  there  is  a  law  which  has  never  heeii  enforced  against  foreign*.  . 
the  same  we  have  recently  noted,  and  which  we  have  been  a]iprised  of,  and  the  substance  is 
that  foreign  vessels  must  receive  an  order  from  the  governor  of  Siberia,  besides  must  |)ay  a 
duty  of  $10  per  ton  on  all  llsh  caught  in  kussian  waters.  I'his  decree,  if  sustained,  is  ruinous 
to  one  of  the  best  and  rising  industries  of  the  coast,  and  as  we  fit  our  vessels  to  sail  about  1st 
of  May,  leaves  us  biu  little  chance  to  arrange  matters  this  season  sa\  e  with  your  kind  assistance 
in  the  matter.  (  hir  business  is  li.shing  entirely.  We  u>e  no  trade  with  natives,  having  nothing 
to  do  v.ith  the  taking  or  purchasing  of  furs.  At  this  time  we  are  placed  in  a  very  bad  jire- 
dicament.     Trusting  that  you  can  relieve  us  from  this  embarrassment,  and  receive  an  early 

reply  on  the  subject, 

We  are,  \c., 

l.VXDK  cV   llUKill. 
1'.  S. — Our  ves.sels  llsh  from  ten  to  twenty  live  miles  from  sjiore. 


No.  60. 
Mr.  Ho/piKVi  to  Mr.  FrclingJiuy.^cn. 

[No.    207.1  Lkc.VIION    111'     IllK    rXlTKI)    SlATES, 

St.    Peikkshukc,  J/(//r//  14,  i;^S2.      (  Received  Aiiril  3.) 

Sir: 

I  have  the  honor  to  acknowledge  the  receipt  of"  a  cin  iilar  of  the  Treasury 
Departmeait  of  Jtily  t^o  last,  upon  the  subject  of  fishing,  etc.,  m  the  JJehring 

Sea  and  in  the  Sea  of  Okhotsk. 

I  am  able  to  give  the  Department  some  bttle  information  tii)on  this  sub- 
ject, derived  nearly  four  years  ago  from  Mr.  Charles  H.  Smith,  for  many 
years  a  resident  of  Vladivostok,  and  at  one  time  our  consul  or  vice-consul  at 

that  port. 

A  glance  at  the  map  will  show  thai  the  Kurile  Islands  are  dotted  across 
the  entrance  to  the  Sea  of  Okhotsk  the  entire  distance  from  Japan  on  the 
south  to  the  southernmost  ca])e  of  Kamtchatka  on  the  north. 

In  the  time  when  Russia  owned  the  N.liole  of  these  islands,  her  represen- 
tatives in  Siberia  claimed  tha't  the  Sea  of  Okhotsk  was  a  marc  clamum.  for 
that  Russian  jurisdiction  extended  frtjin  island  to  island  a.Ki  over  two  marine 
leagues  of  intermediate  sea  from  Japan  to  Kamtschatka. 


io8 

But  al)out  five  years  ago  Russia  ceded  the  southern  group  of  these  islands 
to  Japan,  in  return  for  the  half  of  the  island  of  Saghalin,  whirh  belonged  to 

that  power. 

As  soon  as  this  was  done  it  became  impossible  for  the  Siberian  authorities 
to  maintain  tiieir  claim.  My  informant  was  not  aware  that  this  claim  had 
ever  been  seriously  made  at  St.   I'etersburg. 

Tlic  best  whaling  grounds  are  found  in  tlie  bays  and  inlets  of  the  Sea  of 
( )khotsk.  Into  these  the  Russian  Government  does  not  [jcrmit  foreign  \shalers 
to  enter,  ui)on  the  ground  that  the  entrance  to  them,  from  headland  to  head- 
land, is  less  than  two  marine  leagues  wide.  i'>ut  while  they  ])ermit  no  foreign 
whalers  to  penetrate  into  these  bays,  tliey  avail  themselves  of  their  wealth 
very  little.  The  whole  privilege  of  whaling  in  those  waters  is  a  mon(jpoly 
owned  by  an  luiimportant  company,  which  employs  two  or  three  sailing 
schooners  only,  the  trying  and  other  laborious  work  Ijeing  done  at  their  sta- 
tions on  shore. 

Referring  to  my  No.  44,  of  June,  1878,  I  have  the  honor  to  add  that 
IJaron  Stoeckl  told  me  in  conversation  last  winter  that  we  failed  to  make  a 
fishing  treaty  with  Russia  in  1868  principally  on  account  of  the  vested 
interests  of  this  company. 

Mr.  (.".  H.  Smith  now  resides  at  Great  Falls,  N.  H.,  and  would  be  glad, 
I  am  sine,  to  put  his  information  at  the  service  of  the  Department. 

I  am,  sir,  iS:c., 

wickh.vm  mokfman. 


No.  61. 
]\fr.  Hoffman  to  Mr.  Frcliughuyscn. 

[No.   211.]  LEfWVTlON    OK    THE    UNITED    STATES, 

St.  I'ETERSHURc,  March  27,  1882.     (Received  April  13.) 

Sir: 

I  have  the  honor  to  acknowledge  the  receipt  of  your  No.  12(3,  with  its 
inclosures,  in  reference  to  our  I^acific  ocean  fisheries.  Your  dispatch 
readied  me  yesterday,  and  to-day  I  have  written  to  Mr.  de  (iiers  ui)on  the 
subject,  and  1  |)roi)ose  to  call  upon  him  upon  his  first  reception  day.  In  the 
meantime,  and  until  further  information,  I  do  not  see  that  any  new  orders 
ne(  essarilv  affe<  t-ng  our  fishermen  have  been  issued  by  the  Russian  Govern- 
ment. Messrs.  l.vnde  \:  Hough  have  apparently  given  insufficient  attention 
to  the  words  "Russian  waters."  These  waters  are  defined  in  the  notice 
publislied  b\'  the  iini)erial  vice-consulate  at  Yokohama  as  follows  : 

I'ishiiii;,  etc.,  on  the  Russian  coast  or  islands  in  tlie  ( )khotsk  and  Beliring  Sea.s,  or  on  the 
niirthcastern  coast  of  Asia,  or  within  their  sea  i)oiUKlary  line. 

If  I  recollect  corre-tly  the  infi)rmation  given  me  by  Mr.  Smith  upon 
this  subje.t,  referred  to  in  my   \o.  44,  of  Jmie  1878,   and  in  my  No.    207, 


I()0 

of  this  month,  thi-  rod  hanks  lit-  in  thi'  o|kmi  Se;i  of  Okhotsk,  many  marine 
loagufs  off  tlu'  si'utluwsti.rn  ( oast  of  Kanischatka.  I  ohscrvr  that  Mcssts. 
I.yndc  \  llougii  state  that  their  vessels  lisii  from  ten  to  i  wen  I  \  five  mill's  from 
tile  shore.  At  that  distance  in  an  open  sea  they  lannot  he  said  '"to  fish 
upon  the  (oast." 

1  do  not  tliink  that  Russia  claims  tlial  tiie  Sea  of  Okhotsk  is  a  man- 
,- /au.ui  III,  owx  wWnh  she  has  e\i  hisive  jurisdiction.  If  shi- does,  her  (  laim 
is  not  a  tenable  one  sin<e  the  cession  i^\  i>art  o\  the  group  of  tlK'  Kurile 
Islands  to  Japan,  if  it  ever  were  tenable  at  any  time. 

I  may  add  that,  according  to  the  intormation  given  nic  four  years  ago, 
Russia  ()i)poses  no  ohjec  tions  to  foreign  fi.->henvien  landing  in  desert  places 
on  the  coast  of  Kamtsi  iialka.  far  from  the  few  villages  which  are  found  on 
that  coast,  for  the  i)urposes  of  (  atdiing  bait  and  j'rocnring  fresh  water  ;  but 
she  does  object  to  all  communi(  ation  between  trading  and  fishing  vessels 
and  the  inhabitants,  alleging  that  these  vessels  sell  them  whisky,  upon 
which  they  get  drunk  and  neglet  l  their  fishing,  their  only  means  of  livli- 
hood,  and  then,  with  their  wives  and  children,  die  of  starvation  the  ensuing 

winter. 

[  am.  sir.  vV'c, 

WICKHAM  HOFFMAN. 


No.   62. 


Mr.  Ilojfuian  to  Mr.  Frdinglinyscn. 

rXo.  228.1  I.kcahon  oi-  thk  Um  ikd  SrATi.s, 

St.  I'k lEKSHi-Kc,  May  22,  1882.     (Received  June  6.) 

Sir: 

Referring  to  your  No.  120  and  to  my  Xos.  211  and  215.  T  have  the 
honor  to  forward  to  you  herewith  a  translation  of  a  note  recently  received 
from  Mr.  de  C.iers  upon  the  sul)ject  of  hunting,  fishing,  and  trading  in  the 
Pacific  waters. 

I  do  not  see  that  there  is  anything  in  the  regulations  referred  to  tliat 
affects  our  whalers,  nor  our  cod-fisheries  either,  except  that  when  they  go 
ashore  to  catch  small  fish  for  bait  in  the  streams,  they  exi)ose  themselves  to 
interruption  from  the  Russian  authorities,  who.  linding  them  in  territorial 
waters,  may  accuse  them  of  having  taken  their  fish  therein. 

I  will  endeavor  to  i)rocnre  and  forward  you  a  translation  of  the  articles 
of  the  code  referred  to  by  Mr.  de  (liers,  that  you  may  have  the  whole 
matter  before  you.     This  cannot  be  done,  however,  nnder  several  days. 

1  am,  sir,  «S:c., 

WICKHAM  HOFFMAN. 


I  lO 


[I'.NCI.dM'Rl'.    IN    N".    ^.iH--     r«ANSt.ATInN.  ] 

■  J//-.  ,ir  Giers  to  Mr.  Ifoffman. 

MlNIVlRV   UK   FuRKKiN   AllAlKS.   AsiAiii:   1  )i:i'ARrMi:NT, 

May  S-30,  /SS^. 
SlK  : 

Kclcrriii^;  to  the  e\cliant;e  of  comimmic;iii(>iis  wliicli  lias  taken  place  lietween  us  (in  the 
subject  of  a  notice  pulilislu'd  by  our  consul  at  Vokuliaiua  relative  to  fishing,',  hunting',  and  to 
trade  in  the  Russian  waters  of  the  racitic.  and  in  reply  to  the  note  which  you  achlresscd  to  me, 
dateil  March  15-27,  I  am  now  in  a  position  to  jjive  you  the  foilowini;  information: 

A  notice  of  the  tenor  of  that  amiexed  to  your  note  of  the  iStli  March  was,  in  fact,  published 
bv  our  consul  at  Vokohania,  ami  our  consul-general  at  San  Francisco  is  also  authorized  to  pub- 
lish it. 

This  measure  refers  only  to  [jrohibited  industries  and  to  the  trade  in  contraband  ;  the  restric- 
tions which  it  establishes  extend  strictly  to  the  territorial  waters  of  Russia  only.  It  was  rc- 
iiuiri'd  by  the  numerous  abuses  proved  in  late  years,  and  which  fell  with  all  their  weight  on 
the  population  of  nur  seashore  and  of  our  islands,  whose  only  means  of  support  is  by  lishing 
ruid  hunting.  These  abuses  inflicted  also  a  marked  injury  on  the  interests  of  the  company  to 
which  the  imperial  government  had  conceded  the  monopoly  of  lishing  and  hunting  ("evjiorta- 
tion"),  in  i>lan(ls  called  the  "Commodore"  and  the  'Seals." 

Beyond  this  new  regulation,  of  which  the  essential  point  is  the  obligation  imposed  upon 
captains  of  vessels  who  desire  to  llsh  and  to  hunt  in  the  Russian  waters  of  the  Tacilic  to  [iro- 
vide  themsclvo  at  Vladivostok  with  the  |)crmission  or  license  of  the  governor-general  of 
Oriental  Siberia,  the  right  of  lishing.  hunting,  and  of  trade  by  foreigners  in  our  territorial 
waters  is  reguKnted  by  article  5(10  and  those  following,  of  vol.  12,  jiart  2,  of  the  Code  of  Laws 

Infiinninu  you  of  the  iircceding,  1  have  the  honor,  \c., 

'  GIERS. 


[No 

Sir 


No.  63. 
J/r.    Hoffman  to  M".   Frc/iiio/niy.^cn. 

ji.]  LEdATioN  OF   inE  United  Statks, 

Sr.    I'la-F-i^^iiCRi;, /////(■  14,  i.S,S2.     (Received  July  3.) 


Referring  to  inv  \o.  22S.  I  liave  the  honor  to  forward  to  you  herewith  a 
traushitiou  of  a  note  and  iiulosure  received  yesterday  from  Mr.  de  (liers  upon 
the  suliject  of  IJshiiiL:  and  hunting  in  the  Russian  Pacific  waters.  As  far  as  I 
am  at  present  inforined.  the  dei>artment  lia.>  now  liefore  it  the  wliole  legisla- 
tion id  Russia  upon  the  sulijec  t. 


I  am,  sir,  iV(  .. 


WK'KHAM  HOFFMAN. 


[  Kn(  1..  >SI   Itl--    IN    \.>.    Jll.— ■rn.\NSI..\TlnN.  1 

Mr.   di-   G'crs  fo  Afr.    /fi'Jfiiiaii. 

MlNlsrKV    Ol-    FoRKIC.N    .\1'1-A1RS,    ASIATIC    1  )l'.l'AKTMKNT, 

///;/,■   I-I3,  1SS2. 


Sn< 


In  conseiiuenee  nf  the  Udte  which  you  addressed  to  me  on  the  i3-25th  May,  relative  to 
fishing  and  hunting  in  our  Tacitic  waters,  and  in  which  you  expressed  the  desire  to  have  a 
traii-laiion  of  the  articles  of  our  code  which  govern  the  matter,  I  have  the  honor  to  transmit  to 
you  herewith  a  translation  of  articles  560,  etc.,  of  the  code,  vol.  12,  part  2. 


Rec 


eive,  sir,  \c. 


GIERS. 


Ill 

[  rnASsl..MliiN  I 

Ak  r.  5()0.  Tlu-  maiitiiiu'  waters,  oven  when  they  wash  the  .shores  where  tliere  is  a  iicrma- 
iiLiit  iMipuhuioii,  cannot  lie  the  suliject  of  |>rivale  possession;  they  arc  open  to  the  ii.>e  of  one 
anil  nil. 

Ai<  r.  561.  No  oxccinioii  will  lie  niaile  to  this  ^eiicrnl  rule  except  tnider  tlje  form  of  special 
privileges,  granted  for  the  rii;lit  of  li^hinj;  in  certain  lixeil  localities,  ami  durinv;  limited  peno'.ls, 

AiU'.  562.  The  aliu\e  lei^ulatioii  rci;ai(lin^  the  rit;hl  of  lisliin^;  and  atialoj;oii>  nccupaiions 
on  the  seas  extends  ei|ually  to  all  lakes  which  do  not  lielmn^  In  private  properiic-. 

Aki'.  565.  No  restriction  shall  I'c  rslalilished  as  reganls  the  .\pparalu^  (eni;inesi  enijiKised 
for  tishiiif;  and  for  analoLjous  occiipaiions  in  the  hi^h  seas,  and  it  shall  he  permitted  to  every 
one  to  use  for  this  purpose  sucli  ajiparatus  as  he  shall  jiul^e  to  I'C  best  according;  to  the  circum- 
stances of  the  locality. 

Wki'.  571.   Ships  in  i|uaraiiline  are  not  permitted  to  li.,li;   the  same  prohihition   eslends  in 
general  to  all  |)ersons  in  those  localities  where  ships  are  lyin^  uiulertjoint;  ciiiaraniine. 


No.  64. 
Mr.  Bayard  to  Mr.  Taft. 


[No.  ,3.] 
Sir 


Dei'.vrtmknt  ok  Si  atk. 

\V.\slllN(;T(iN',    Miirch  25.    I.S.S5. 


I  enclose  a  coiiv  of  a  (ksjiatc  I1  frcmi  Kanagawa,  Japan,  ami  nl"  the  {lapeis 
aceonipanying  the  same,  relatint;  to  the  imwari-anted  sei/.iire  ot'  the  .schooner 
"  Eliza,"  the  projierty  of  a  highly  icsijectetl  .American  citi/.en  doing  busi- 
ness at  Yokohama,  japan,  by  the  Russian  <  rniser  ••  Ra/.bo'i'nik."'  m  the 
Anadvr  river,  on  the  2ist  Julv  last,  and  its  stiiiseipient  '•confiscation'"  by 
the  captain  of  the  crniser,  withont  any  court  of  iiKpury. 

According  to  the  statement  of  the  owner,  the  vessel  was  on  a  trading 
vovaire  and  catching  walrus.  No  act  obnoxious  to  Rtissian  law  .seems  to 
have  been  committed  in  the  premises;  neither  w.is  any  arlii  le  carried  by 
the  vessel  which  coiikl  have  warranlctl  the  sei/.nre  .uid  cuiiti^c  ali.m   rcK-rred 

to. 

The  papers  have  been  carefully  examined  by  the  law  officer  ^A  the  De- 
partment ami.  in  ])ursuance  of  his  advice,  1  have  tu  ask  that  you  will  jiresent 
the  claim  of  Mr.  F.  C.  Sjjooner.  the  owner  of  the  ••  i:iiza.'"  t\ir  the  favorable 
consideration  of  Mis  Majesty's  (".overnment. 

"The  peciiiiiarv  loss  to  me."  says  Mr.  S|iooner.  in  his  sworn  statement, 
"of  the  vessel  and  cargo,  would  amotmt  to  ten  thousand  dollars,  and  for 
this  sum,  together  with  all  other  exi)enses  that  may  ai)i)ear  to  have  been  in- 
curred through  this  seizure  and  confiS(  ation.  I  wish  to   make  claim   on    the 

Russian  Government." 

I  am,  &c., 

T.   F.    HA  YARD. 


I  I  2 


I    l-.MIi'MKl;    IV     Ml<      IIWAIIIIS    No.     IJ.  ] 

.\/i.    A'hi-  /i>  Mr.   JuiyiiiiL 


L-No.  S7.).] 


rNIIKD  StATKS  CiiNSlitATK  r.l'.NKRAl., 

KANAdAWA,  JAI'AN,  J'f/'IIKVV  (),  I.SS5, 

^1,^.  [Keceivftl  Marcli  if).] 

Ilcrewiili  I  liave  the  Imiior  to  haiul  you  n  comiminicatioii  from  Mr.  I'raiicis  C.  Spooiicr,  a 
liiL;lily  rL'si)oinal>lc  .\mericaii  mcrcliaiil,  for  many  ycarN  resident  and  doint;  Imsincss  at  Voko- 
haina,  lapan,  coiicerniiin  the  seizure  I'v  the  Kiis>ian  authorities  of  tlic  schooner  "  Kliza,"  the 
properly  of  the  said  Spooner,  oil  the  2(ith  of  July,  1SS4.  I  also  enclose  the  depositions  of 
.\ustin  Weston,  master,  and  Alliert  \Vi\oM,  mate,  of  said  vessel,  yiviiiji  the  details  of  the 
sehooner's  cruise  and  her  seizure. 

Ironi  these  papers  it  would  appear  that  the  schooner  was  en^;a<;ed  in  no  ille(,'al  commerce 
and  was  violaliiit;  no  law  or  olili|,'ation  and  that  the  said  seizure  was  an  act  of  piracy. 

I  also  enclose  crrtitied  copies  of  the  bill  of  sale  of  said  schooner  to  Mr.  Spooner,  certificate 
of  American  owuer.-hi]),  certiticate  of  chan(;e  of  name  from  '•  Kiwa  Kli/aheth"  to  "  Kliza," 
and  copy  of  last  clearance  of  saiil  schooner  from  this  port. 

1  commend  to  favorahle  consideration  the  claim  of  the  owner  for  the  ilamayes  as  assessed 


I  have,  i-Vc, 


GEO.  K.  RICE, 

I'll-,'  Consul  Giiwral. 


[  K.NCKiscui'.  1  IN  Mrt.  Ric  i:'s  No,  87.;.  ] 


Afuiavit  of  F.  C.  Spocii 


rr. 


I,  F.r.  Spooner,  owner  of  the  schooner  "Eliza,"  that  left  this  jiort  on  the  21st  March 
last,  umler  [jroteciion  of  the  American  Hag,  and  was  seized  liy  the  Russian  cruiser  "  RazWinik," 
in  the  Anadyr  river,  on  the  26th  day  of  July  last,  do  hcn'by  protest  against  the  seizure  as  ille- 
gal and  unwarranied,  and  dr.Mre  a  representation,  through  the  proi)er  authorities,  to  the 
Russian  (Icjvernment. 

The  vessel  was  simply  on  a  trading  voyage,  engaged  in  bartering  with  the  natives  and 
catching  walrus,  an<l  as  sucli  did  not  come  under  the  notice  of  the  Russian  Covernment  which 
was  direct. 'd  .against  the  capture  of  seals  on  Copper,  Robbin  and  Heliring's  Island. 

I  hand  herewith  altidavit  of  the  master,  Austin  Weston,  supported  by  his  chief  otiicer. 
The  vessel's  paptr>  were  in  ortler  and  she  had  lieen  properly  cleared  from  this  port.  No  salt 
was  on  board  and  no  preparation  made  for  an  attempt  to  take  seals. 

The  vessel  ha^  been  conliscated  by  the  Captain  of  the  "RazboTnik"  and  without  any 
court  of  en(iuiiy,  which  highhanded  act  1  believe  to  be  against  the  Law  of  Nations. 

The  pcciuiiar)'  loss  to  me  of  the  vessel  and  cargo  would  amount  to  ten  thousand  dollars, 
and  for  tiiis  -^um,  together  with  all  other  ex]ienses  that  may  apfiear  to  have  been  incurred 
through  this  seizure  anil  conliscation,  I  wish  to  make  claim  on  the  Russian  Government. 

F.  C.  SPOONER. 

Sworn  to  before  me  this  20th  November,  18S4. 
[ska,.] 


GEO.  E.  RICE, 
L'.  S.  J'iir  Cons7il-Gtneral,  Kanaga-uHX,  lapan. 


1  1 


,> 


f  l*N('lll>l  HI!  .'  IN  Mh.    Kii  k'a  No.  S713,  ] 

AlliihVi'it  of  .lintm    IWstoii,  iiuisi,)-  of  I  hi'  .{iiiiricaii  s./i<>,>ihr  '•/■.'//:</." 

I,  Austin  Woloii,  hitu  iiiaNiiT  of  ilu-  Aiiutkmm  -i'Ikhurt  "  I'.li.'a,"  I  ciiit.',  duly  'vvurn,  il>> 
luicl'V  aliiriu: 

Sailfil  frnni  Vol.oliiUiin,  March  2lst,  1X84,  with  a  cri'w  nf  r4,  all  tdld.  c^>ll^>istlu^  of  uivsclf, 
two  olliccrs.  cook,  and  10  men  licforc  the  niaM,  hound  on  ;i  huuliiii;  and  trading  voyaj^e  to 
Northenslcrn  Silicri.i. 

My  caij^o  con-i^tcd  of  a>Horicd  an<!  ^;oncral  j^oiuU  such  a-  arc  rc^juisiic  in  that  -icctioii  to 
uhiain  whalclionc,  i\nry  and  furs. 

My  vessel  was  didy  clcaicd  from  llic  Ndkoliama  customs,  the  2Ist  of  March,  the  <l.u  <.f 

sailini.;. 

A  specijicd  invoice  of  cvcrylhini;  on  hoard  \v,i>  supplied  nie  Lcfore  leaving.  S.akd  tor 
r.ehrinn'.s  Straits,  was  in  the  ice  pack  41)  days,  and  reached  I  .i|iei  haplin  on  the  J.^rd. .  '  Innc, 
where  I  traded  for  hone,  ivory,  furs  and  hlulilier. 

Left  Chaplin  for  St.  Lawrence  hay  and  V.a-\  Cape,  where  I  '^yi  a  i;"''d  riuanliiy  of  hone  and 
furs.  Returning;  thnm^;!!  the  Straits  I  sailed  to  the  we>iward.  >ioppinj;  at  <  ap<'  Achcen,  and 
ihcn  into  the  tiulf  of  Holy  Cross,  where  (  remained  17  day>  huniin-  and  killing  walrus;  then 
to  the  moutii  of  the  Anadyr  Kivcr,  where  1  arrived  on  the  2  ^rd  Inly. 

I'roceeded  up  the  river  a  few  miles  to  a  vill.a^e,  traded  licre  an<l  continued  on.  <  >n  the 
26th,  ahoul  2  p.  ni.,  was  hoarded  hy  a  hoat  from  llie  Kus^ian  trui-er  "  Ra/hoinik"  .uid  ordered 
to  rei)ort  on  hoard  with  my  lo},'  hook  and  all  sliij)  papers. 

These  consisted  of  ship's  articles,  hill  of  sale,  \okohama  ^learaiue  anrl  manifest  of  caryo 

and  stores. 

'Hie  latter  wrs  fouml  and  produced  a  short  tinie  alter  s(  i/.ure,  alihuuyli  mislaid  .ai  the  time, 
and  no  atteui|)t  was  made  to  conceal  anytliinfi. 

The  vessel  was  at  once  declared  to  he  con'iscale  i,  and  I  with  a  portion  of  the  crew  were 
taken  hy  the  "  Razho'inik  "  to  I'elropaulski  and  landed,  'i'lie  remaimler  of  the  crew  were  kept 
on  board  the  schooner  to  work  her  to  VI.,  livoMok.  .\fter  heini;  .M  days  at  I'e'n.pauhki,  1  was 
ai^ain  taken  on  hoard  the  "  Ra.hohiik  "  and  taken  to  XIai.ivostok  and  a^am  set  at  lil.erty.  The 
schooner  arrived  off  the  harbor  the  smie  day  and  wa-.  towed  in  by  the  crui.->er;  was  afterward.s 
liauled  into  dock  and  everything;  taken  out  of  iier. 

Immediately  on  arrival  at  \ladivostok,  the  5  men  who  had  been  detained  on  hoar.l  the 
"  Kli/a"  to  work  the  vessel,  were  thrown  on  the  hands  of  the  consul,  and  their  e.vpense.s  there 
and  passage  to  N'okohama  refused. 

I  deny  the  statement  in  the  I'roioc.l  that  the  vessel  ha.i  neiihcr  bill  of  ladin-  or  clearance. 

for  she  had  both. 

There  was  a  ;:reat  search  made  for  .^alt  a.-,  the  mo>l  jmi>ortam  article  to  cause  conllscation. 

but  there  was  none  on  board. 

I  sailed  from  Nokohanui  with  positive  instructions  from  my  owners  not  to  attempt  any  cap- 
ture of  seals  an.l  to  keep  away  from  the  islands  IVcjiiented  by  ihem,  knowin-  the  Russian  <  iov- 
ernmcnt  had  lorbidden  any  depredations.  .My  tradint;  voyas^e  wa.s  similar  to  what  has  been 
goiny  on  for  vears  without  molestation  from  the  Russian  ( ;overnment,  and  1  plead  ii,Mi(,rance 
ihat  Uie  notice  i.ssued  and  referred  to  in  the  proioct,!  was  inten.lc.l  to  api-ly  to  anything  except 
the  orotecion  of  the  seal  lishenes.  and  particularlv  to  the  <  'onper,  Robbin  and  Hehring  Lslands. 

'  Al'^riX  WKSTOX. 

Sworn  to  before  me  ihi.s  -:0th  November,  1SS4. 

[si.  \i  1  t!K().  L.  RI<  L, 

■-    "  i:  S.   I'ii-i'  C\uisiil-G,-tn-r,ii\  k'an<!:;.i:,ui,J:iNjn. 

Mbert  Wixon,  being  duly  .sworn,  savs  that  the  foregoing  is  a  true  and  correct  statement. 

.M  i;kri'  wixon, 

.I/,?/t-  S:-/iooiter  "■  Juizay 
Sworn  to  hefor     ne  this  20th  November,  I SS4. 

[si.;.M..]  C,K().  L,  RL  L, 


114 


F.N<I."'^ll<l^ 


.  ,N  Mu    Kill'-  N"    870.] 


[,.   r.n.i.  or  sAi.r.l  ^ 

K. -'-rr':'"^;:^:"--'^^^^ 


■>j  'joncr  111 


^1"""^'  •"■  ■^, ,  •:  ,,  ■■      .  ,  too  •■••  )   ihc  ack,vnvle<l-cmcm  of  payment  of  saul  sum  consliUU- 

ing  a  lnll..i^alcfoi-ihc«i<l  schooner.     N.  ^0. 
[sivM.j 


A.   PKl.lKAN, 

//.  1.  .)/.'.«  Ct'iisiil. 


[.      <THTI.I<A.EopAMrKIcAV-VVNUK-M.rl 

'. ■-^-  "■  V"-  '--■  '•':-' rTu':;!:  >::ir ;:^.:^^^^^^^  m:::^-: 

;,f  a,c  >cho,.K.r  ••  i:ii.a-,  fomuTly  ca  lecUh.     '-^^  'V'  ^  ^  ,„,,,,.  „„,i  ,„.i  i,on 

over  all,  74-  ^et:  breadth,  30  feet:  depth,  ^^^^^  Kui  „  ronsul,  to  K.  C.  Spooner, 
....ea;.tem.eUip.ic      Sold..lt™«^^^^^ 

,naer  U.r,.cl..ure  of  -'-^^^^^-  ^^     "     '^^  j^,  „„  ,,  r.  Spooner  therein  mentioned  as  pur- 
„y  the  .tbscrilnn,  party  ;  and  1  ^  '  ^^  ^^J  ^^  ,;^^,,„,,,  „,,  ,„„<,  .„d  the  .eal  o, 

,,,,..r  of  .aid  vessel  .s  a  cUuen  ol   the    L  ^^'^^  ^,f  „^,^  ,,.,,i  ,SS.. 

U.  ..n^datefeneral,  tin.  tlnr.-nr.  da>  o,  Ma>.  >c^^^^^^   ^^^  ^_  ^^    ^^^.^^^^^^ 

[si  AI..]  Ci,/is///-G\i''-ni/. 

^  Wb,,.c  as  1    l-ra,d.  ( '.  Spo.,ner.  of  N„kohan,a,  n,  .lu.  hnqure 

•l-„allvvh,.mUnmconeern       '^^'^'^•'\:'  U,    '•  Ki-a  Eli/aLeth,- of  Yokohama, 

.,  Japan,  an,  .he  .ole  owner  o.   '-  -'^  ^  ^^  ,,,„^,  ,,,  „,„,  of  said  schooner: 

tHe;!;::;::;:::;:::^;'^-^ 

1      u  ,  1  tii.i  •>  l-H/a  "  of  \'okohann. 
will  be  known  a.- and  called  the      i.ii^'a, 

vear  one  thon>- 


Witnc.  n.  hand  and  .eal  :U  Yokohama  , hi.  thirnlir.  day  of  Mav,  in  the  year  o 
and  eight  hundre.l  and  ei-luy  two. 

[>1A1.] 


y    c.   sr(  H  )NEK. 

I'.v  his  attorney:  t'liAs.  \Yu;.;iNS. 


Si^nedand.ealedin|i.K.'.   1^.  K";;- 

I        ^     (MNstMAlt-ClNKKAl,    KaNN<;VWA.    JAI'AN. 

■     ,  .         ■        ,         r  Mav    in   the  vear  one  th.u.sand  cij;hl  ht.ndred  and  cghtylwo 
*  '"  ""■■  ""■  •   '",,;•       ,n    ?i      1      W,u..n.,  known  to  me  to  be  the  attorney  for  V.  <  . 
personally  7--'    ';;;-;;;        l.ttrtiment,  and  who  acknowledged  to  n,e  that  he 
Spooner,  and  wlio   eNecaled  tnc   loie^   u  ,-, 
execute.!  (he  same  lor  the  ptnposcsiiierem  set  lorth. 

vi„K,-  „.,■ u„),.„  „„.»H. »., .. ,:,. , ...i  ."..;■  '-•■;;;■';" 

rii»_)S.  r>.  \  ■\^  bi  ki.n, 

[sKAI..]  Coililll-(n)!-ni/. 

Kec.led  in  Kecord-Uook  .>of  the  t.  S.  Con^tlatC  General  a.  Kana.awa,  Japan,  this  31st 
May,  1SS2,  at  II  a.  m. 


115 


iS82. 
ion  on  ihc 
il  I'V  V.  C. 
irce  tlwus- 
1  conslilul- 


Coiisit!. 


KaiKiii;a\va, 
M:iy,  1SS2. 

oil  and  iron 
C,  Siiiioiicr, 
Illy  executed 
oned  a>  inir- 
d  the  seal  oi 


11  the  I'minrc 
f  N'okohama, 
lid  schiioner : 
said  schoimer 

?ar  one  thou>- 

lAS.    WlCClNS. 


V  A,    J  \1'AN. 

iiul  eii;hty-t\v(i, 
mney  for  V.  <  '• 
1  to  me  that  he 

written. 
RKX, 

.///■(nli    Id/. 

Ja\)an,  this  31st 


[  1.  Ckktifuati;  di'  Cltauanc  r  of  "Ki.i/.a  ") 

CoXsfl  ATI.  (.'ilNKRAI.  Of   lltK.  Um  IKD  SlATIvS  OI'  AmKRIC.V, 

JAur/i  2 1  St,  lS,S4. 
I,  the  undersigned,  I  leputy  ("(nrsul  ( leneral  of  the  I'liited  Stales  of  America  for  Kanagawa, 
Japan,  and  the  dependencies  thereof,  do  hereby  certify  that  .\.  Weston,  master  of  the  scliooner 
called  the  "  Kli/a,"  of  Yokohama,  having  this  day  ohi'nted  to  me  the  clearance  of  said 
schooner  from  the  proper  authorities  of  this  port,  I  have  delivered  to  him,  the  said  master, 
the  liill  of  Sale  and  I'a;)ers  of  the  said  schooner,  duly  deposit(:(l  in  this  Consulate  <  ieiieral  on 
the  6th  day  of  Noveml>er,  1SS3. 

(liven  under  my  hand  and  the  .seal  of  this  Consulate  (ieneral  the  day   and  year  ahove 
written. 

CKO.  K.   RICK, 
[.•^KAi,.]  ('.  S.  /)r/>iitY  Coitsti!  Gnin-al. 


U.  S.  OiNsfi.AiK  Oknkrai.. 

K  \n.\i;a\v.\.  Jai'.vn. 
I,  \'ice  Consul  (.Ieneral  of  the  Iniied  States  at  Kanagawa,  Japan,  do  hereby  certify  that 
the  foregoing  l!ill  of  Sale  fnm  His  Imperial  Russian  Majesty's  Consul  to  !•'.  C.  Spooiier ; 
certilicate  by  the  Lnited  States  Consul  General  (jf  American  ownership,  and  certiticiite  of 
change  of  iiame  ;  also  certificate  of  clearance,  constituting  t!ie  pajiers  of  the  schooner  "  li'.i/a,'' 
of  Yokohama,  are  true  and  correct  copies  of  the  original  of  same,  of  record  in  this  consulate. 
Witness  iny  hand  and  seal  of  office  this  ninth  day  of  I'eliruary,  A.  1).,  1S.S5. 

C.KO.   K.   RICK, 
[sF..\I.]  I'iit'  Coii.iul  GiiitTiit. 


A'O.     6  = 


J/;-.  Bavardto  Mr.  U'nrts. 


[No.  50.] 


Dki'aki'men  r  oi'-  State, 

Washixcton.  /.'///(■  z'^,  1.SS6. 


Sir  : 


I  have  to  call  the  attei^tion  of  your  legatitin  to  the  iiistnictioii  of  March 
25,  1MS5,  to  Mr.  Tat't  in  regard  to  the  seizure  of  tlie  schooner  "Eliza"  l>y 
the  Rtissian  rrniser  •'  Ra/i)oinik."  July  21,  TS.S4.  \o  answer  seems  to  have 
been  made  to  that  instruction. 

Mr.  Ctimmings,  the  attorney  of  the  t  laimar.t.  lias  recently  inquired  as  to 
the  a<  tion  if  the  legation  in  the  iireniises. 

'  I  am,  i*v:r., 

r.    i\    l',.\N.\RI). 


No.  66. 
Mr.  Bayard  to  Mr.  Lolhrop. 


Dk.i'-\kt.mkn:'  of  Siati% 

Wasiiinoton,  DciL))il'i'r  \.  1SS6. 


[No.  65.] 

Sir: 

I  transmit  a  cojiy  of  a  desjtatch  from  the  Unitetl  States  consul  at  Naga- 
saki, relating  indirectly  to  the  seiztire  and  confiscation  of  the  American 
schooner    '-Henrietta"    by   the   Russian   corvette   "  Kreysser,"    in   I5ehring 


Strait.  ofY  East  Capo.  Augu.l  29  last,  fc.r  Hshing  an.l  trading  in  Russian 
wurrs  Vcu  will  please  ap,.ly.  with  due  urgenry.  to  tlie  Kniperor  s  >'ov<Tn- 
,ncnt  for  the  fa.  ts  and  an  explanation  of  its  claim.  Opniu.n  as  to  the 
merits  of  the  (piestion  is  for  the  time  reserved. 

I  am,  Ike, 

T.  F.  BAY.VRD. 


[Xo.  44-] 
Sir: 


[F.NriosfiiF  IN  Mn.  I!.sv.\Ki>'s  \n.  fi;..! 

J\fr.  Birch  to  Mr.  Fortcr. 

L'NnKi'  Stati-.s  Cdnsui.atk, 
Nagasaki,  Japan,  October  iS,  1S86.     [Kec'd  Nov.  23.] 


1  bur  tlu.  honor  10  inform  vou  that  five  destitute  seamen,  named  Charles  I'.lui>,  Charles 
,;ile,,  Thomas  <  ireenfell,  James  Hurley,  and   Frederick   Nelson,  came  upon  th.s  consulate 

lo-dav  from  Nlailivosiok.  ,      ^    ■       t-  i-„.,;o 

These  men  were  part  of  the  crew  of  the  schooner  "Henrietta,'  of  San  Trancsco  l.en  a- 
min  Dexter  master,  and  James  Sennett  owner,  which  was  seized  and  cot.tjscat^l  by  the 
Russian  corvette  -  K.eysser,"  in  Behring  Strait,  off  Kast  Cape,  August  29th.  iS86,  f^>r  h.h.ng 
and  iradin-  in  Russian  waters. 

1  learn' tinu  the  vessel  and  cargo  confiscated  amounted  in  value  to  about  .S25,ooo. 

1  enclose  a  conv  of  the  letter  sent  by  the  cajHain  of  the  corvette  •'  Krcy>ser  '  to  th.s  con- 
sulate I  have  forwards  the  seamen  to  Yokohama,  where  they  may  find  employment  on 
hoard  an  American  vessel  ..r  a  passage  to  the  United  States  more  likely  than  a,  tins  port. 

1  ha\  c,  iS:c., 

JOHN   M.   niRClI. 

i  '.  S.  Consul. 


•  [F.NCLOSCHH  IN  Mk.    15niCH  .    Xo.   44.] 

Li'ffrr  of  Captain  Osto/opnff. 

1  herein-  ccrtifv  that  the  un.lermentione.l  ilve   men  are  American  citizens,  taken  from  the 

schooner  ••  UennJtta,-  confiscated  by  the  Russian  corvette  ••  Kreysscr,  ■  u.  the  Rehnng  Mrau. 

Thev  arc  not  uuil.v  in  anv  vioU-ion  of  the  Russian  law,  and  are  therefore  sent  to  tl^  d.s,x,s.- 

tion'of  the  Amcr,ca„  consul  at   Nagasaki:  Charles  ISlois,  Charles  (iiles,  Ihomas  ( -reenfell, 

janvs  llurlcv,  l-'redcrick    Nelson. 

Taptain  of   11.  I.  K-  M's  corvette  "  Kreysscr. 

V.  osroi.oroif. 

[SKAI.] 

j-ij  ttctober,  iSSt).     Vi.AnivnsioK. 

No.  67. 
Mr.  Loihrop  to  Mr.  Bayard. 

r>T^   ^-  -j  Leg.vtion  of  tiik  I'mtku  St.vies. 

St.    Petershurg,   7^^V^/v/<//:v  17,  1.SS7.      (Received  March  7.) 

Sir:  .  ,^ 

In  compliance  with  the  instructions  of  your  despatch  No.  65,  ot  Uecem- 
bcr  4th  last,  I  addressed  a  note  on  December  22nd  to  the  Imperial  Minister 
for  Foreign  Affairs,  asking  for  the  facts  and  grounds  on  which  the  American 
schooner  "Henrietta"  was  seized  and  confiscated  off  East  Cape,  in  Behr- 
ing's  Straits,  on  August  24th  last. 


1 1 


iis>ian 
ovtrn- 
to  the 


^M 


On  January  2isl  last  I  recfivcd  a  reply,  a  translation  of  which  I  cndose 
herewith,  stating  that  the  '•  Henrietta"  was  confisi  ated  by  the  judgment  ot  a 
commission,  sitting  on  hoard  the  Im])erial  (  orvette  •'  Kreysser,"  tor  the  otfence 
of  illicit  trading  ou  the  Russian  coasts. 

On  January  24th  1  had  a  i)ersonal  interview  with  Gen.  Viangaly,  the 
Assistant  Minister  of  Foreign  Affairs  in  which  I  asked  Iiiin  how  tne  coin- 
mission  that  sat  on  board  the  corvette  was  constiluled.  He  informed  me 
that  it  was  composed  of  certain  ofificers  of  the  (  orsette,  a(  ting  under  the 
orders  of  the  (lovernment  of  Ea.stern  Siberia,  within  whose  general  jurisdic- 
tion .such  matters  were  vested. 

I  also  called  his  attention  to  the  ta(  t  that  his  note  to  me  failed  to  specify 
in  what  the  "illicit  commerce"  consisted,  and  asked  him  for  further  infor- 
mation. He  replied  that  he  v.as  no  then  able  to  give  me  the  desired  infor- 
mation, but  said  an  answer  in  resijcct  to  the  seizure  and  condemnation  of 
the  American  scliooner  ''Eliza"  was  in  prejjaration  and  would  be  sent  to 
me  in  a  few  days,  and  he  thought  that  perhajjs  1  might  thereby  rece=  ,-e  the 
information  sought. 

On  February  1st  I  received  the  promised  communicanon,  respecting  the 
"  Eliza,"  a  co])y  of  which  will  accompany  tiie  despatch  which  will  iinn.L'- 
diately  follow  the  present  one. 

It  will  be  seen  that  the  seizure  and  condemnation  of  the  schooners  rest 
on  the  pro.visions  of  an  administrative  order — '•</'////  disposition  administra- 
tive'''—  prohibiting,  after  the  first  of  the  year  1882,  all  trading,  hunting, 
and  fishing  on  the  Russian  Pacific  coasts,  without  special  license  from  the 
Ciovernor  (leneral. 

It  is  claimed  that  very  extensive  publicity  of  this  regulation  was  given  in 
1881-1883  through  the  newspapers  of  Yokohama,  in  the  Russian  Consulates 
of  the  Pacific,  and  at  the  Americ  an  custom  houses.  '<"■ 

Upon  the  receipt  of  this  last  note,  I  at  once,  for  greater  celerity,  wrote 
to  Gen.  Viangaly  asking  him  for  a  copy  of  the  trading  regulation  nr  order. 

I  also  asked  if  I  was  right  in  my  understanding  that  the  commission  was 
composed  of  the  officers  of  the  vessel  that  made  the  capture. 

I  sujiposed  this  last  note  would  be  answered  at  once,  but  as  it  has  not 
been,  1  have  concluded  not  to  wait  any  longer  before  reporting  the  cases  to 

you. 

The  feature  that  strikes  me  as  very  peculiar  in  these  cases  is  the  fa(  t  that 
the  captors  are  also  the  judges  of  their  own  ai  ts.  The  commission  seems  to 
sit  at  once  at  the  jiku  e  of  caj)ture.  and  the  evideiK  e  0:1  which  it  acts  would 
seem  to  be  that  which  the  captors  derive  from  their  own  observation  on  the 
s[)Ot.  It  is  perhaps  a  fimdamental  and  ecpiitable  ma.vim  of  jurisprudence 
that  no  one  can  be  a  judge  of  his  own  cause  ;  and  it  will  probablx  be  worthy 
of  consideration  how   far  the  decisions  of  a  tribunal   so   ( onstituted   (an  be 

considered  as  valid. 

I  am,  \:c., 

GEO.  V.   N.  LOTHROP. 


*  Kor  this  notice  see  For.  Kel.,  1S82,  p.  448  :  i'"'  ^"Z'".  V-  »"6- 


ii8 


[Knclosukk  IN  Mh.  LoTHKOP's  No.  95.] 

Griwral  lla/iga/y  to  Mr.  Lothrop. 

[  Tkanslation.] 

[No.  79.]  Ministry  of  Fdrekjn  Akfairs, 

Asiatic  Department,  January  .,%,  1887. 

Mr.  Envoy: 

In  consequence  of  the  note  addressed  by  you  to  me  on  the  loth  {22d)  of  December,  I 
hastened  to  ask  information  of  the  Maritime  Province  by  telegraph,  in  regard  to  the  seizure  of 
the  "Henrietta.' 

I  have  now  the  honor  to  bring  to  your  knowledge  that,  according  to  the  information  com- 
municated to  me  by  C.eneral  Knghelm,  acting  governor  of  said  province,  the  •'Henrietta"  was 
in  fact  seized  and  confiscated  on  the  17th  (2C)th)  of  August  in  virtue  of  a  decision  of  the  Com- 
mission sitting  on  board  of  the   Imi)crial  corvette  "  Kreysser"  for  the  offense  of  illicit  trading 

on  our  coasts. 

I'ray  accept,  i^c, 

A.  VLANGAIA'. 


I 


No.  68. 


i 


Mr.  Lothrop  to  Mr.  Bayard. 


[No.  96.]  Legation  oi-  the  United  States, 

St.  Petersburg,  February  17,  1887.     (Rcc'd  March  7.) 

Sir  : 

I  have  the  honor  to  transmit  to  you  a  copy,  \vith  translation,  of  a  com- 
munication receixed  from  the  Imperial  Foreign  Office  on  February  ist 
instant,  relative  to  the  sei/nre  of  the  schocjner  "Eliza." 

The  Russian  government  claims  that  she  was  seized  and  condemned 
under  the  ])rovisions  of  an  order,  or  regulation,  which  took  effect  at  the 
heginning  of  1882,  and  which  absolutely  prohibited  every  kind  of  trading, 
hunting,  and  fisliing  on  the  Russian  Fac'ific  coasts  without  a  special  license 
from  the  (lOvernor-General. 

It  is  not  claimed  that  the  "Eliza"  was  engaged  in  seal  fishing,  but  that 
she  was  foiuid  actually  engaged  in  trading  with  the  natives  with  the  contra- 
band articles  of  arms  and  strong  litpiors. 

She  was  condemned  by  a  (  ommission  sitting  on  the  Imperial  corvette 
"Rasboinik,"  com]josed  of  the  officers  thereof.  In  this  resiject  the  case  is 
])recisely  like  that  of  the  "  Henrietta,"  mentioned  in  my  last  preceding 
despatch,  No.  95,  and  of  this  date. 

It  will  be  noticed  that  Mr.  Spoonei,  the  owner  of  the  "Eliza,"  in  his 
statement  of  his  claim,  declares  that  the  "  Eliza"  was  "on  a  trading  voyage, 
engaged  in  bartering  with  the  natives,  and  catching  walrus,  and  as  such  did 
not  come  imder  the  notice  of  the  Russian  government,  whiih  was  directed 
against  the  captm-e  of  seals  on  Copjjer,  Robbins,  and  Behring  Island." 

It  will  be  seen  that  Mr.  Spooner  either  refers  to  an  order  of  the  Russian 


government  different  from  the  one  mentioned  by  the  Imperial  Forcii^ni  ( )fHie, 
or  he  understood  the  latter  in  a  very  different  sense. 

I  may  add   that  the  Russian   ("ode  of  Prize  Law   ol    1S69,   Art.  2\.  and 
now  in  foree,  limits  the  jurisdietiunal  waters  of  Russia   to   three  miles  t'ri.ni 

the  shore. 

As  stated  in  my  previous  desjiatch,  I  have  asked  for  a  copy  of  the  order 
or  regulation   under  which   the  '•  Henrietta"  and  "  l-'di/.a"  were  seized  and 

condemned. 

\'ery  truly.  iS;c., 

C;K0.    V.    X.   LOTHROl'. 


i 


I 


[No.  233.] 


[  l'',N(:i.iisn(i-   IN  Mu.    l.niiiuoi''s  Ni>.  g'<.  \ 

Griwral  VliVii:;aly  to  Mr.    l.oilirop. 

I  I'HANSI.ATION.] 

Ministry  of  Furkicn  Affairs, 
Asia  I'll-  Dki'artmknt,  /i/w/w/t  \'\,  1887. 

Mr.  Envoy: 

The  Chief  of  the  ( '.eneral  Suit  of  tlic  Navy  has  just  transmitted  to  ine  the  information  wliich 
T  had  re([uested  from  that  Department  in  conse(iuence  of  tlie  note  that  you  addrcsse(!  to  me 
Ijearini;  date  of  July  j'-,  1886,  in  reL,'ard  to  the  incident  of  the  sei/urc  of  the  scliooner  "  llli/a." 

This  information  is  in  substance  to  the  effect  that  tlie  "  f.h/.a  '  was  coiUiscated  n.>t  for  the 
fact  of  seal  huntin.;;,  but  by  virtue  of  an  administrative  re-ulalion  prolnbitin-.  hx-m  the  heL;inning 
of  the  year  i8S2,"every  kind  of  commercial  act,  of  huntini;,  and  of  lishini;  on  our  coasts  of  the 
Pacific,  without  a  special  authorization  from  the  ( ;overnor-(  ieneral.  and  carrvni-  willi  it.  against 
those  disregarding  it.  the  penalty  of  the  seizure  of  the  ship  as  well  as  of  the  carijo. 

During  the  years  1881-1883,  the  widest  means  of  publicity  were  employed  in  bringing  this 
regulation"  to  the  knowledge  of  the  parties  interested  ;  it  was  pui)lished  in  tlie  journals  of  ^"oko 
hama,  posted  up  in  all  our  consulates  of  the  Pacilic,  and  communicated  to  the  American  cus- 
tom house  establishments. 

The  complainant  cannot,  therefore,  plead  ignorance  of  the  prohibitory  measures  in  .luestion. 

The  crew  of  the  "  Kliza"  was  engaged  not  only  in  hunting  walrus  .m  our  coasts  of  Kam 
tchaika,  an.l  in  commercial  transactions  with  the  natives,  but  traded  there  with  illicit  articles, 
such  as  arms  ..nd  strong  li'iuors. 

The  infringements  of  the  jirinted  regulation  are  duly  established  by  the  open  act  and  the 
confession  of  the  Captain,  .\ustin  Weston,  who  made  no  protest  against  the  seizure  of  the  vessel 
ordered  under  that  luad  by  the  Commission  sitting  ad  Iuh-  on  board  the  Imi-eriai  Corvette 

"  kasboi'nik." 

The  Captain  an<l  his  second  officer,  besides  acknowledge  the  oflence  charged  agamst  tiiem 
of  hunting  and  of  trading,  in  their  depositions  annexed  to  the  petition  itself  of  Mr.  Spooner, 
and  communicated  to  the  Imperial  Ministry  by  the  Legation  o(  the  Lnited  States,  under  date 

of  April  \%.  ,  , 

In  informing  you  of  the  foregoing  circumstance.,  whuh  demonstrate  the  entire  legitimacy 
of  the  seizure  of  the  "Kliza,"  I  have  no  doubt.  Mr,  Knvoy,  that  you  will  be  led  to  conclude 
that  the  claim  brought  by  the  proprietor  of  that  slii))  is  witliout  foundation. 

And  1  avail  myself,  <Xe., 
•  A.  VI.ANCALY. 


[N- 


(1.    lOO 


•] 


I  20 

No.  69. 
Mr.  Lothrop  to  Mr.  Bayard. 

Lkciai'ion  of   tmk  Un'itkd  Siatf.s, 
Sr.    Petkk.shlkg,  March  7,  1887.     (Received  March  22.) 


Sir: 

Rcferrin,:;-  to  my  recent  despatches,  Nos.  95  and  96,  concerning  the  sei- 
zure and  (onfiscation  of  the  schooners  "Kliza"  and  "Henrietta,"  I  am 
now  al)le  to  report  that  the  Minister  of  Foreign  Affairs,  in  answer  to  my 
incpiiries,  informs  me  explicitly  that  the  "illicit  commerce"  imputed  to  the 
"  Henrietta,"  was  (ommerce  in  violation  of  the  order,  or  '' t/ispositioii  ad- 
iiiiuisfrafirt''"  set  forth  in  my  aforesaid  despatches.  He  further  states  that 
the  commission  that  coiuli.'nnied  the  scliooners  was  in  each  case,  made  up  of 
oflicers  belonging  U)  the  capturing  vessel. 

He  has  also  sent  to  me  a  translation  into  English  of  said  '^  (/ispositioii 
aJi>iiitistrativi\'^  a  copy  of  whit  h  I  enclose  herewith.  It  will  be  noticed 
that  it  ajjpears  in  the  form  of  the  notice  which  was  given  by  the  Russian 
Consul  at  Yokohama  November  15,  1881. 

1  remain,  (S:c., 

GEO.  V.  N.   LOTHRUr. 


[  ENCi.osruK  IN  Mi(.  LoTnU()i"'s  No.  loo.  ] 
Notice  of  oriicr  iv/a/ive  to  ,o»iiiicrii'  on  Russian  Paiijic  Coast. 

['ruANSLATlilN.  ] 

Xoi'K'i:. — At  the  rei|uest  ot' tlie  local  authorities  of  liehring  and  other  islands,  the  under- 
signed iiereliy  nolilies  that  the  Russian  Im])crial  (lovernment  publishes,  for  general  knowledge, 
the  following; : 

1.  W'itliiiut  a  special  ])erniii  or  license  from  the  Clovernor  (-eneral  of  Eastern  Siberia, 
foreign  vc>sels  are  not  allowed  to  carry  on  trading,  hunting,  lislnng,  etc.,  on  tiie  Russian 
coast  or  islands  in  liic  <  Ikiiotsk  and  i'lcliring  Seas,  or  on  the  northeastein  coast  of  Asia,  or 
witliin  their  sea  lioundarv  line. 

2.  I'or  such  permits  or  licenses,  ftireii.,n   vessels  should    apply  to   'Vladivostok  exclusively. 

3.  In  the  i)ort  of  I'etropaulovst,  thougn  lieing  the  oidy  port  of  entry  in  Kamtchatka,  such 
permits  ur  licenses  shall  not  he  issued. 

4.  ,\o  permits  oi-  licenses  whatever  shall  lie  issued  for  huiuing,  fishing  or  trading  at  or  on 
the  <  (unmodoro  or  Kohijcn  islands. 

5.  i'oreign  vessels  fomul  trading,  fishing,  hunting,  etc.,  in  Russian  waters  without  a 
license  or  permit  frf)m  the  ();ivernor  <  ieiieral,  and  also  tiiose  jiossessing  a  license  or  peunit 
who  may  infringe  the  existing  by-laws  on  hunting,  shall  lie  conliscate;l,  both  vessels  and 
cargoes,  for  the  benelit  of  the  ( iovernment.  This  enactment  shall  be  enforced  henceforth, 
connnencing  with  .\.  I).,  1S82. 

I).    The  enfoi cement  of  th<;  above  will  be  entrusted  to   Russian  men-of-war,  and  also  to 

Kussian  merchant  vessels,  which,  for  that  purpose,  will   carry  military  detachments  and  be 

pro\idcd  with  proper  instructions. 

PKIdKAX, 

His  linpirial  Russian  Mn/cs/ys  Consu/. 
\(il<.Mii  \MA,  A'o7',-;n/>rr  15,  iSSl. 


ES, 

;h  22.) 

g  the  sei- 
ta,"  1  am 
war  to  my 
itod  to  the 
osition  (uf- 
states  that 
nade  uij  of 

'  disposition 
)L'  noticed 
le    Russian 


iROP. 


Is,  the  under- 
il  knowledge, 

stem  Siberia, 

the  Russian 

ist  of  Asia,  or 

;  exclusively, 
tchatkp,  such 

ding  at  nv  on 

rs  without  a 
ISO  or  peiiuit 
h  vessels  and 
d  henceforth, 

,  and  also  to 
iients  and  he 

''.9  Consul. 


I  21 

No.  70. 

Mr.  Bayard  to  Mr.  Lo//iro/). 

[No.  74.]  Department  of  Staie, 

Washinc  TON',  Marcli  16.  18.S7. 
Sir: 

I  have  received  voiir  No.  y6.  of  the  17th  l-Vbruars ,  relatise  to  the  sei- 
zure of  the  American  schooner  "  Eliza,"  July  21,  1884,  which  formed  the 
subject  of  instruction  No.  50,  of  June  28,  1886. 

The  histrtiction  whicli  !  send  you  to-day,  rehitive  to  the  seizure  of  the 
"Henrietta"   is  a])])licahle  to  this  case  also. 

You  are  reciuested  to  forward  a  transU\tion  of  Artit  le  21    of  the  Russian 

code  of  Prize  Law  of  1869,  to  which  you  refer  as  liniiting  the  juris(h(ti()nal 

waters  of  Russia  to  three  miles  from  the  shore. 

I  am,  i.S:c., 

T.   1-'.    liAVAKl). 


No.   71. 
Mr.  Bayard  to  Mr.  LotJirop. 


[No.  75-] 


Sir: 


Department  oi'  State, 

Washin(;ton,  March  16,  1887. 


I  have  received  your  No.  95  of  the  17th  ultimo,  in  answer  to  instnu  tion 
No.  65,  concerning  the  groimds  for  seizure  and  confiscation  on  24th  Aii-iist, 
1886,  of  the  American  schooner  "Henrietta"  !)>•  the  Russian  authorities. 

If,  as  I  am  to  conclude  frcjm  your  despatch,  the  seizure  of  the  "  Henrietta" 
was  made  in  Ru.ssian  territcjrial  waters,  then  the  Russian  authorities  had 
jurisdiction  ;  and  if  the  condemnation  was  on  proceedings  duly  instittited 
and  administered  before  a  coini)etent  coiu't  and  on  adecjuate  evidence,  this 
Department  has  no  right  to  complain.  Hut  if  either  of  these  conditions  does 
not  exist,  the  condenuiation  (  annot  be  intertiationaily  sustained.  The  first 
of  these  conditions,  viz,  that  the  proceedings  should  ha\e  been  duly  instituted 
and  administered,  could  not  i)e  held  to  exist  if  it  should  appear  that  the  court 
before  whom  the  i)roceedings  were  had,  was  composed  of  parties  interested 
in  the  seizure.  On  general  principles  of  international  law,  to  enforce  a  con- 
demnation by  such  a  coiuT,  is  a  denial  and  i)erversion  of  justice  tor  which 
this  Government  is  entitled  to  claim  redress. 

The  same  right  to  redress,  also,  would  arise,  if  it  slioiild  apju/ar  that  while 
the  seizure  was  within  the  three-iuile  zone,  the  alleged  offense  was  committed 
exterior  to  that  zone  and  on  the  high  seas. 

You  are,  therefore,  instructed  to  eufpiire  not  merely  as  to  the  mode  in 
which  the  condemning  court  was  constituted,  Init  as  to  the  evidence  adduced 
before  such  court,  in  which  the  e.xact  locality  of  seiztire  should  be  included. 

I  am,  iVc, 

r.   F.   BAYARD. 


122 

No.  7: 


[No.  126.] 
Siu 


Mr.  Lothrop  to  Mr.  Bayard. 

I.Kcj.vnoN  oi-  TiiK  United  States, 
St.  Pkteksi'.urc, /////(■  22,  1.S87.     (Received  July  9.) 


In  answer  to  my  note  of  April  iitli  last,  asking  for  information  as  to  the 
precise  i)la<es  of  seizure  of  the  sdiooners  "Eliza"  and  "Henrietta"  sever- 
ally, and  also  for  copies  of  the  minutes  or  records  of  the  courts  that  con- 
demned the  said  schooners,  including  the  charges,  evidence,  and  other  pro- 
ceedings, I  have  now  received  from  the  Imperial  Covernment  copies  of  the 
"  Protocols"  in  each  of  said  ca^es. 

It  will  be  seen  that  the  triljunal  that  confiscated  the  schooner  was  made 
up  of  the  officers  of  the  capturing  vessel  and  that  the  evidence  on  which 
they  claim  to  have  acted  was  furnished  by  their  own  observation,  the  papers, 
or  want  of  papers,  of  the  schooners,  and  the  admissions  of  their  masters. 

I  enclose  the  copies  furnished  to  me,  with  translations  of  the  same. 

1  am,  &c., 

GEO.   V.   N,  LOTHROP. 


[KNCi.iisruF.  I  IN  Mk.   I.iiiiiKur's  No.   126.] 

Protocol  of  Proii'i-diHi^^s  in  the  Case  of  the  '■'Ifciirietfa.'" 

f  Thansi.atkin,  ] 

Wc,  the  undersigned,  do  cuilify,  that  tlie  17th  .\ui;ust,  18S6,  in  the  Behrin^'  Sea,  latitude 
6-0  ^^>  X.,  and  longitude  190°  4'  1".„  was  met  a  two-masted  schooner,  carrying  the  Ameri- 
can  Hag. 

Ipo"  examination  of  her,  as  also  her  documents,  it  was  found  that  this  schooner  belonged 
to  the  town  of  San  Francisco,  was  the  property  of  James  Sennett,  was  called  the  "  Henrietta," 
under  the  command  of  I'.eiijamin  Defter;  was  going  from  the  region  of  the  territorial  waters 
to  Cape  Chaplin,  part  of  the  Russian  I'ossessions.  On  the  schooner  besides  the  crew  were 
six  Chuktchees,  from  Cape  t:haplin.  According  to  the  journal  and  as  acknowledged  by  the 
commander  it  is  seen  that  the  schooner  "llenrieUa"  was  engaged  in  trading,  without  license, 
on  the  Russian  coast,  vi/.,  in  the  l!ay  of  St.  I.avrentia,  Providence,  and  at  Capes  Chaplin  and 
Kastern;  besides  this  upon  ex.amination  of  the  schooner  there  was  found  on  board  about  one 
pood  (j6  Ills.)  of  gunpowder,  two  guns,  more  than  two  thousand  cartridges  of  difierent  kinds, 
lead  one  pood  10  lbs.,  small  shot  and  percu.ssion  caps.  The  cargo  did  not  correspond  with 
the  bill  of  la.ling,  the  journal  was  not  written  up  properly,  and  the  last  days  had  not  been 
entered  at  all. 

Length  .>f  tlie  schooner,  51  feet;  breadth  of  the  schooner,  20  feet;  water  dis])lacement, 

44  tons. 


123 


iy9-) 

as  to  the 
i"  sever- 
that  con- 
ither  pro- 
es  of  the 

vas  made 
on  which 
le  papers, 
Lsters. 
me. 


ROP 


Sea,  latitude 
;  the  Aiiieri- 

ler  helonged 
'  Henrietta," 
torial  waters 
le  crew  were 
edjjed  i)y  the 
hout  license, 
Chaplin  and 
rd  about  one 
fferent  kinds, 
respond  with 
had  not  been 

lis])lacement, 


The  carpo  consisted  of  4,000  Uis.  of  whalebone,  three  barrels  of  walru>  tusks,  furs,  and 
various  small  articles;  takiiij^'  into  consideration  all  the  furcj^oini;  we  have  ilixided  to  confis- 
cate the  schooner  to  the  benefit  wf  tiie  Russian  j,'ovornnicnt,  August  ',  ",th,  1886. 

Personally  signed. 

President  of  the  committee  : 

(.Ai'iAiN  (ii   riii-.  211  Rank,  Pi.aksin. 
Members  of  the  committee : 

l.li:U-n.NANT    pop' UK. 

P(jRi;ci!irK  Zkin. 

UNHKR  I.IKUTKNANT    pEDorol-K. 
I'NDI.K    I.lKl-rhNANT    K(iR<  lliMlIlK. 

Confirmed : 

Connnandir  of  tlie  cli[iper  "Cruiser." 

Captain  isi' Rank.,  •  >srni,iipoi-i'. 
Compared  with  the  ori^'inal.     Seninr  I'lag  ( )fficer: 

l.IiarKNAN'T    Ri  IDIOM  U-l'. 

Correct : 

SkCKITAKV    Mlh-IIIPM  \N    S(1I\ANK. 


[  Kntldsvhi-  2  IN  Mii.  l,nrin<oi''s  No.  icd.  ] 
[■I'kansl.vi'iiin.] 

I^rotocol  of  the  confiscation,  at  the  mouth  of  the  ri-rcr  Auaiiyr,  near   Cape 
Observatory,  of  tlie  American  schooner  •' E/iza." 

The  .',,■  June,  1SS4,  at  the  mouth  of  the  iver  Anadyr,  near  <  'a\w  ( )bservalory,  Lieutenant 
Parenofi',  of  the  Imperial  clipper  "  Razboinik,"  under  the  command  of  Lieutenant  Hiliebrandt, 
inspected  the  American  schooner  at  anchor  "Eliza,"  Captain  .\ustin  Weston,  upon  which  was 
found  in  the  hold  unlawful  merchandise,  such  as  rum,  lire-.anns,  ^:c.  .\mont;st  the  ship's  papers 
was  not  found  any  bill  of  ladint;  or  port  clearancy.  As  seen  by  the  ships  journal  and 
acknowledged  by  the  Captain,  the  above  named  .schooner  carried  on  trade  with  strangers  :n 
different  parts  of  the  Russian  Northwest  Coast,  without  having  any  license  for  this  froni  the 
(lovernor  of  Eastern  Siiieria,  and,  besides  this,  trading  in  jjojiiibiicd  goods;  tiierefore,  l)y  order 
of  the  Government,  publisiied  in  the  English  language  three  years  ago  and  instruction^  given, 
I  order: 

(i)  The  above  named  schooner  "Eli/a,"  with  all  that  lu'longs  to  her  and  her  cargo,  to  be 
confiscated  at  once,  to  the  benetit  of  tlie  Russi.m  Imperial  (iovernniLiu. 

(2)  The  Captain  and  part  <.>f  the  shijj's  crfw  <if  the  schooner  tn  be  taken  on  board  the 
clipper,  as  pas.sengers,  with  tlieir  personal  effects  belonging  to  tiieni,  until  die  tlrsl  meeting  witii 
a  commercial  vessel  having  lawful  rights  or  until  thry  arrive  at  one  of  the  purts  having  jjosial 
communication. 

(3)  The  conli.scatcd  schooner  to  be  sent  to  Madivostok  for  delivery  to  the  port,  and 

(4)  To  hand  the  Captain,  .\ustin  Weston,  a  copy  of  this  jirotocol,  in  tlie  English  hi'igu,ige, 
and  to  get  a  receipt  from  him  for  the  same. 

Commander  of  the  clipper  "  Ra/.boinik," 

LiKUTiiNANT  Captain  lIii.ui-.iiKANDr 
and  LiKiiKNANi  Parknoi-k. 
Continued: 

Rkvisor  Voino. 
Correct: 

SkCRKTAUV   .MllJSIllPMAN  SCIIVANK. 


l^AR'r    V. 

The  foUowincr  correspondence  shows  the  position  assumed 
in  1872  by  the  Treasury  Department  in  relation  to  the  extent 


o 


f  jurisdiction  of  the  United  States  in  Alaskan  waters. 


No.  73- 

Mr.  Phelps  to  Mr.  Bouhvcll. 

CusTOMs-HousK,  San  Francisco, 

Collator  s  Office,  March  25,  1872. 


Sir: 


I  cU'fni  it  proper  to  call  the  attention  of  the  Department  to  certam 
rnn.ors,  whi.h  appear  to  be  well  authenti.ated,  the  substance  of  whuh  ap- 
pears in  the  printed  slip  taken  from  the  Daily  Chronicle  of  this  date,  here- 
with inclosed.  •/-*•„ 

In  addition  to  the  several  schemes  mentioned  in  this  paper,  information 
has  c.Miie  to  this  office  of  another,  which  is  being  organized  at  the  Hawaiian 
Islands  for  the  same  puriH.se.  It  is  well  known  that  during  the  month  ot 
Mav  and  the  earlv  part  of  June  in  each  year  the  fur-seal,  in  their  migration 
lY,,n  the  southwai-d  to  Saint  I'aul  and  Saint  Cieorge  Islands,  uniiormly  move 
thr<.u.d.  Ounimak  l^ass  in  large  numbers,  and  also  through  the  narrow 
straits  near  that  pass  which  separate  several  small  islands  from  the  Aleutian 

'"^'"Tlie  object  of  these  several  expeditions  is  un.p.estionably  to  intercept 
the  fur-seals  at  these  narrow  passages  during  the  period  above  mentioned. 
and  there,  by  means  of  small  boats  manned  by  skillful  Indians  or  Aleutian 
hunters,  make  indiscriminate  slaughter  of  those  animals  in  the  water,  alter 

till'  manner  of  hunting  sea-otters. 

The  evil  to  be  apprehended  from  su<h  proceedings  is  not  so  much  in 
res,,ect  (,f  Hie  loss  resulting  from  the  destruction  of  the  seals  at  those  places 
(although  the  killing  of  each  female  is  in  effect  the  destruction  oi  two  seals), 
but  the\langer  lies  in  diverting  these  animals  from  their  accustomed  course 
10  the  islands  of  Saint  Paul  and  Saint  George,  their  only  haunts  in  the 
United  States. 


125 


\ssumed 
e  extent 

"S. 


;,  1872. 

to  certain 
which  a])- 
date,  herc- 

inforniation 
ic  Hawaiian 
\e  month  of 
r  migration 
Drmly  move 
the  narrow 
he  Aleutian 


It  is  believed  by  those  who  have  made  the  jieculiar  nature  and  habits 
of  these  animals  a  study,  that  if  they  are  by  any  means  seriously  diverted 
from  the  line  upon  winch  they  have  been  accustomed  tu  move  northward  in 
Iheir  passage  to  these  islands,  there  is  great  danger  ..f  their  Making  ..Out 
haunts,  and  should  this  occur  the  natural  selection  \snuld  be  Kouuuuhu-sky 
Islands,  whic  h  lie  just  opposite  the  i'riboiov  group,  near  the  coast  of  Kam- 
schatka,  owned  by  R\issia,  and  are  now  the  haunt  of  fm-seals. 

That  the  successful   prosecution  of  the  above-mentioned  schemes   would 
have  the  effect  to  drive  the  seals  from  their  accustomed  <  ourse  tlierc  c  an    be 
no  doubt.      Considering,  therefore,   alone  the   danger   whu  h    is  here  threat- 
ened to  the  interest   of  the  Ciovernment  in    the   seal-fisheries,    and  the  large 
annual  revenue  derived  from  the  same,   I  have  the  honor  to  suggest,    tor  the 
consideraticm   of    the   honorable   Secretary   of   the   Treasury,    the   .luesiion 
whether  the  act  of  fulv  ..  iSyo.  relating  to  those  fisheries,  does  not  author 
i/.e  his  interference  bv  means  of  revenue-  utters  to  prevent  foreigners  a.ul 
others  from  doing   such    an    irreparable  inisc  hief  to  this  valuable  interest. 
Should  the  honorable  Se.relary  deem  it  exi.edient  to  send  a  cutter  into  these 
waters,    1    would    respe.  tfuUv   suggest   that   a  steam-cutter  would  be  able  to 
render  the  most    efficient   servi.  e,    and  that  it    sliould  l>e    m    the    region   ot 
Ounimak   Pass  and   Saint  I'aul  and   Saint  George  Islands  bv   the    15th   of 

May  next. 

I  am.  verv  respectfully, 

T.   (;.    I'HF.Ll'S, 

CoUrctor. 


Fr 


San  Francisco  ''Dni/v  Clinmiclc;'  March  Ji,  /Sj-. 


II  is  vuuea  in  rdial.lo  commercial  circles  that  panics  in  Australia  are  prcparn,^-  U.  ta  out 
an  expedition  for  the  capture  of  fur-seals  in  Hchrinj^  Sea.  'rhe  present  iugh  i^occ.  et  tur-sea 
furs  in  London  a.Kl  the  Kumpean  ,narkcts  has  acted  powerftdly  in  stunulat.ng  enterprises  o 
a  like  character.  Hut  a  few  davs  a;,,,  we  mentioned  that  a  \ictona  company  was  or^ani.c.l 
fin-  catchin,  fur-seals  in  the  North  I'acihc.  .^no,hcr  party,  an  aj^ent  represen.n.,  so,ne  eaMern 
capitalists,  has  been  in  this  city  f^.r  the  past  week,  n.akin^  inquiries  as  to  the  (eaMl.tiuy  of  ort^an- 
i/.in^^  an  expedition  for  like  purposes. 


to  intercept 
mentioned, 
or  Aleutian 
water,  after 


t  so  much  in 
those  places 
)f  two  seals), 
amed  course 
aunts  in  the 


126 


No.   74. 
Mr.  BontwcU  to  Mr.  Phelps. 

Trkasi-ry  Department, 

Washincton,  1).  C.  A/^ril  19,  1S72. 


Sir: 


Vour  ktUT  ofthc  25th  ultiiiK.  was  duly  recfived,  calling  the  attention 
of  the  D.'iuinnicnt  to  certain  niniors  circulating  in  San  Francisco,  to  the 
effect  that  expeditions  are  to  start  from  Australia  and  the  Hawaiian  Islands 
to  take  iur-seals  on  tlieir  annual  migration  to  the  islands  of  Saint  Paul  and 
Saint  (leorge  through  the  narrow  pass  of  Unmak.  Vou  recommend,  to  cut 
off  the  possibility  of  evil  resulting  to  the  interests  of  the  United  States  from 
these  expeditions,  that  a  revenue-cutter  be  sent  to  the  region  of  Unmak 
Pa-<s  bv  the  15th  of  May  next. 

A  very  full  conversation  was  iiad  witli  Captain  I'.ryant  ui)on  this  subject 
while  he  was  at  the  l)ei)artment.  and  he  conceived  it  to  be  entirely  imprac- 
ticable to  make  such  an  expedition  a  i)aying  one,  inasmuih  as  the  seals  go 
siuL^ly  or  in  pairs,  and  not  in  droves,  and  cover  a  large  region  of  water  in 
tht^r' homeward  travel  to  these  islands,  and  he  did  not  seem  to  fear  that  the 
seals    would    be    driven    from    their   accustomed    resorts,    even    were    such 

attemi)ts  made.  . 

lu  addition.  I  do  not  see  that  the  United  States  would  have  the  jurisdic- 
tion or  iiosver  to  drive  off  parties  going  up  therefor  that  inirpose,  unless 
thev  made  such  attempt  within  a  marine  league  of  the  shore. 

'As  at  i.resent  advised,  I  do  not  think  it  expedient  to  <arry  out  your  sug- 
gestions, but  1  will  tiiank  yon  to  (-ommunicate  to  the  Department  any 
further  fads  or  information  you  may  be  able  to  gather  upon  the  subject. 

I  am,  very  respectfully, 

C.KO.   S.   BOUTWELL, 

Sccrctarv. 


l»AR'r     VI, 


IS72. 

attention 
o,  to  the 
m  Islands 

Taul  and 
ul,  to  cut 
:atfs  from 
)f  l^nmak 

Ills  subject 
y  iniprac- 
le  seals  go 
if  water  in 
ir  that  the 
kvere    such 

e  jurisdic- 
ose,  unless 

your  sug- 
tmenl  any 
abject. 

LL, 

crctarv. 


It  is  to  1)0  obst'rvcil  thai  uikUt  Artiqlc  \'I  of  the  coinciuioii 
of  1825  between  (ireat  Hrit.iiii  and  Russia  (supra,  p.  64), 
British  suhjc^cts  have  thi'  ri^ht  of  access  to,  and  free  iiaviL;ati()!i 
of  tile  Yui<oii  Rixt-r.  ( )n  lliis  (iiieslion  the;  followino'  is  (juoted 
from  Mr.  SumiK-r's  speech  in  the  Senate;,  A[)rii  9,  1867:''' 

(hi(slioiis  aii'siiii;   iiitdci-  tJic  //■ca/v  of   fS6y. 

'riuTc  arc  (|iicsti()n->.  nol  uinvorlliy  of  allciitidU,  \\hi(h  ari^c  unilcr  tiic 
treaty  between  Rus.;i".  and  (Ireal  llrilain,  nxin^  the  eastern  limits  (if  tlu'sc 
))()ssessions,  and  ( ouceding  (  (  rtain  privilegt's  In  tin-  latter  power.  1!}  tliis 
treatv,  signed  at  St.  Petersburg.  2,Stli  I'cbruary,  1S25.  at'lcr  fixing  the 
boundaries  between  the  Russian  and  Ilritish  possessions,  it  is  jirovided  that 
"for  the  npace  of  'rii  yrars  from  the  siijnatiire  of  the  present  (onven- 
tion,  the  vessels  of  the  two  p()wer>.  or  those  belonging  to  tiieir  respec  live 
subjects,  shall  mutually  be  at  libert\-  to  t're(pieiit,  withoii!  any  Iiir.drain  e 
whatever,  all  the  inland  seas,  the  gulfs.  ha\ens  and  (reeks  on  the  coast, 
for  the  purposes  of  lishing  and  of  trading  with  the  natives";  and  also 
that  "the  port  of  Sitka,  or  Novo  .\rchangelsk.  shall  be  open  t(j  the 
commerce  and  \essels  of  brilish  subjects  l"or  the  space  of  Av/  yrars  troni 
the  date  of  the  exchange  of  the  ratit'n  atioiis  of  the  |)resent  conveiuion."  In 
the  same  treaty  it  is  also  ])ro\  ided  that  "  the  subjects  of  His  l')ritanni(  Majesty. 
frt)m  whatever  ([uarter  they  may  arris e,  whether  from  the  ocean  or  from  the 
interior  of  the  continent,  shall  forever  enjoy  t!ie  right  of  navigating  freely 
and  without  anv  hindrance  wliateser  all  the  ri\ers  and  stre.-un^  which  ii.  their 
course  towards  the  Pacific  <  )cean  ma\-  (  ross  the  line  of  demarcation."  .Vtter- 
wards  a  treaty  of  commerce  and  luu  igation  between  Russia  and  Great  I'.ritain 
was  signed  at  St.  Tetersburg.  nth  January.  1S4;,.  subje(  l  to  be  terminated 
on  notice  from  either  jiarty  at  the  expiration  of  ten  years,  in  which  it  is  jiro- 
vided,  that,  ''in  regard  to  commerce  and  navigation  in  the  Rus-,ia  1  i)osses- 
sions  on  the  northwest  coast  of  America,  the  convention  > onduded  at  St. 
Petersburg  on  the  .','^th  February.  1825,  continues  in  force."  'I'hen  ens-ied 
the  Crimean  War  between  Russia  and  Great  ISritain.  effat  ing  or  suspending 
treaties.  Afterwards  another  treaty  of  (ommerce  aiul  navigation  was  signed 
at  St.  Petersburg,  12th  January.  i.S5(;,  subject  to  be  terminated  on  notice 
from  either  party  at  the  expiration  of  ten  years,  which  repeals  the  last  jiro- 


vision. 


Thus  we  have  three  different  stipulations  on  the  jtart  of  Russia,  one  open- 
ing sea.s,  gulfs,  and  havens  on  the  Russian  coast  to  British  subjects  for  fishing 

♦  Works,  vol.  .xi,  p.ige  212  et  seq. 


128 


T 


and  trading  with  tlic  natives;  llie  second  making  Sitka  a  free  ])ort  to  British 
suhjeits:  and  the  third  making  British  rivers  which  flow  through  the  Russian 
jjossessions  forever  free  to  ISritish  navigation.  Do  the  United  States  succeed 
to  thise  stipulations? 

Amonu;  those  I  make  a  distinction  in  favor  of  the  last,  which  by  its  Ian- 
guage  is  declared  to  be  "for-ever,"  and  may  have  been  in  the  nature  of  an 
e(|uivalent  at  the  settlement  of  boimdaries  between  the  two  powers.  But 
whatever  its  terms  or  its  origin,  it  is  obvious  that  it  is  nothing  but  a  declara- 
tion of  public  law,  as  always  expounded  by  the  United  States,  and  now 
recognized  on  the  continent  of  Europe.  While  i)leading  with  Great  Britain 
in  1X26  for  the  free  navigation  of  the  St.  Lawrence,  Mr.  Clay,  then  Secre- 
tarv  'if  State,  said  that  ''the  American  government  did  not  mean  to  contend 
for  an\  princi]jle  the  benefit  of  which  in  aiialogous  circumstances  it  would 
deiiv  to  (ireat  Britain."  During  the  same  year,  Mr.  Gallatin,  our  minister 
in  London,  when  negotiating  with  Great  Britain  for  the  adjustment  of 
boundaries  on  the  Pacillc,  proposed  that,  "if  the  line  should  cross  any  of 
the  branches  of  the  Cohmibia  at  ])oints  from  which  they  are  navigable  by 
boats  to  the  main  stream,  the  navigation  of  such  branches  and  of  the  main 
stream  should  lie  p'jr]K'tually  free  and  common  to  the  peoi)le  of  both 
nation-;."  .\t  an  earlier  day  the  United  States  made  the  .same  claim  with 
regard  to  the  Mississippi,  and  asserted,  as  a  general  princij^le,  that,  "if  the 
right  of  the  u[)per  inhabitants  to  descend  the  stream  was  in  any  case 
obstructed,  it  was  an  act  of  force  by  a  stronger  society  against  a  weaker, 
condemned  by  the  judgment  of  mankind."  By  these  admis.sions  our  coun- 
try is  esto])ped,  even  if  the  public  law  of  the  European  continent,  first 
declared  at  ^'ien^a  nith  regard  to  the  Rhine,  did  not  offer  an  example  which 
we  cannot  afford  to  reject.  I  rejoice  to  believe  that  on  this  o;casion  we 
apply  to  Great  Hritain  the  generous  rule  which  from  the  beginning  we  have 
claimed  for  oursehes. 

The  two  other  stipulations  are  different  in  charac  ter.  They  are  not  de- 
clared to  be  -'forever,"  and  do  not  stand  on  any  principle  of  public  law 
Even  if  subsisting  now,  tliey  cannot  be  onerous.  I  doubt  mtich  if  they  are 
sulisisting  now.  In  succeeding  to  the  Russian  possessions,  it  d(H>s  not  follow 
that  the  United  States  succeed  to  ancient  oi)'igations  assumed  by  Russia,  as 
it',  according  to  a  plirase  of  the  Common  Law.  the;,  were  "co\enants  running 
with  t!ie  land."  If  these "siipulations  are, ni- -the  nature  oi  sr/?wYi/i/fs,  they 
depend  for  their  duration  f)n  tlie  sovereignty  of  Russia,  and  are  personal  or 
//(Mv/'/i/'/ ratiier  than  fn-ri/cn'ti/.  So,  at  least,  I  am  inclined  to  believe.  But 
it  is  hardly  prulltable  to  speculate  on  a  point  of  so  little  -practical  value. 
Even  if  "running  with  the  land,"  these  servitudes  tan  be  terminated  at  the 
expiration  of  ten  years  from  the  last  treaty  by  notice,  which  ecpiitably  the 
United  States  may  give,  so  as  to  tfike  effect  on  the  12th  of  January,  1S69. 
Meanwhile,  during  this  brief  period,  it  will  be  easy  by  Act  of  Congress  in 
advance  to  limit  importations  at  Sitka,  so  that  this  "free  port"  shall  not  be 
made  the  channel  or  doorway  by  which  British  goods  are  introduced  into  the 
Ur.ited  States  free  of  dutv. 


;  ])ort  to  British 
igli  the  Russian 
d  States  succeed 


W 


'hich  by  its  lan- 
:he  nature  of  an 

0  powers.  But 
g  but  a  declara- 
5tates,  and  now 
th  Great  Britain 
lay,  then  Secre- 
nean  to  contend 
stances  it  would 
:in,  our  minister 
.'  adjustment  of 
lid  cross  any  of 
:re  navigable  by 
and  of  the  main 
people  of  both 
same  claim  with 
le,  that,  "if  the 
•as  in  any  case 
Lgainst  a  weaker, 
issions  our  coun- 

continent,  first 
n  exaniple  which 
his  o;casion  we 
:ginning  we  have 

They  are  not  de- 
le of  public  law 
much  if  they  are 
t  does  not  follow 
led  by  Russia,  as 
)venants  running 
t"  srn'ifiKffs,  they 

1  are  personal  or 
to  believe.      But 

e  practical  value, 
terminated  at  the 
ich  e<piitably  the 
)f  January,  1S69. 
t  of  Congress  in 
ort"  shall  not  be 
troduced  into  the 


